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7. And be it enacted, That if after thirty days notice in the pub-
lic papers aforesaid, of the time and place appointed for the pay-
ment of any proportion or instalment of the said capital stock, in
order to carry on the work, any stockholder shall neglect to pay
such proportion or instalment at the place appointed, for the space
of thirty days after the time so appointed, every such stockholder,
or his assignee, shall, in addition to, the instalment so called for,
pay at the rate of two per centum per month for the delay of such
payment, and if the same, and the additional penalty, shall remain
unpaid for such space of time as that the accumulated penalty shall
become equal to the sums before paid in part and on account of such
shares, the same shall be forfeited to the company, and may
be sold to any person or persons willing to purchase, for such price
as can be obtained for the same, or in default of payment by any
stockholder of any such instalment as aforesaid, the said president
and managers may, at their election, cause suit to be brought before
an alderman or justice of the peace, or in any court having compe-
tent jurisdiction, for the recovery of the same, together with the
penalty aforesaid; Provided, that no stockholder, whether original
subscriber or assignee, shall be entitled to vote at any election, or
at any general or special meeting of the said company, on whose
share or shares any instalment or arrearages may be due and pay-
able more than thirty days previous to the said election or meeting.
8... And be it enacted, That it shall and may be lawful for the said
president, managers and company, their superintendants, survey-
ors, engineers, artists and workmen, to enter upon the said creek
to open, enlarge or deepen the same, in any part or place thereof,
which shall appear to them most convenient for opening, changing,
making anew, or improving the channel, and also to cut, break and
remove and take away, all trees, rocks, stones, earth, gravel and
sand, or other materials, or any obstruction or impediment whatso-
ever, within the said creek, or to use all such timber, rocks, stones,
gravel, earth or other materials, in the construction of their ne-
cessary works, and to form, make, erect and set up, any dams,
locks, or any other devise whatever, which they shall think most
fit and convenient to make a complete slack water navigation from
one end thereof to the other, as far as the same may be practicable,
so as to admit a safe and easy passage for loaded boats, and other
vessels, up as well as down said creek, or by means of such colla-
teral sluices and locks as they may devise for the purpose.
9. And be it enacted, That the said president, managers and com-
pany, shall have power and authority, by themselves, or their su-
perintendants, engineers, artists and workmen, to enter in and
upon, and occupy, for the purpose, any land which shall be neces-
sary and suitable for erecting a lock, sluice or canal, and then to
dig, construct, make and erect, such lock, sluice or canal, satisfying
the owner or owners therefor, but if the parties cannot agree upon
the compensation to be made to such owner or owners, it shall and
may be lawful for the parties to appoint six suitable and judicious
persons, within the proper county where the land lies, or if they
cannot agree on such persons, then cither the parties may apply
to the court of the proper county where the land lies, and the said
court shall award a venire, directed to the sheriff, to summon a ju-
ry of disinterested men, in order to ascertain and report to said
8
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CHAP. 94.
Neglect in paying
instalment-penal-
ty.
Proviso
Creek to be open-
ed, enlarged or
deepened, &c.
Authorised to en-
ter upon and agree
for land, necessary
for erecting locks,
&c
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