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Chap. 94.
Proviso
Also upon lands to
take away stone,
&c.
When five miles of
canal are com-
pleted, &c to be
viewed, &c.
Proviso
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court, what damages, if any, will be sustained by the owner or
owners of said ground, by reason of such lock, canal or sluice,
passing through his, her or their land, which report being confirm-
ed by the court, judgment shall be entered thereon, and execution
may issue in case of nonpayment for the sum awarded, with reason-
able costs, to be assessed by the court; and it shall be the duty of
the jury, or the six appraisers, as the case may be, in valuing any
land, to take into consideration the advantage derived to the own-
er or owners of the premises from the said navigation passing
through the same; Provided, that either party may appeal to the
court within thirty days after such report may have been filed in
the clerk's office of the proper county in the same manner as appeals
are allowed in other cases.
10. And be it enacted, That the president and managers, by and
with their superintendents, engineers, artists, workmen and labour-
ers, with their tools, instruments, carts, wagons and other carria-
ges, and beasts of draft or burthen, may enter upon the lands con-
tiguous and near to the said creek, giving notice to the owner or
occupier thereof, and from thence to take and curry away any stone,
gravel, sand or earth, doing as little damage thereto as possible, and
repairing any breaches they may make in the inclosures thereof,
and making amends for any damages that may be done to the im-
provements thereon, and paying for the materials taken away, the
amount whereof, if the parties do not agree, shall be assessed and
valued by any three freeholders residing in the neighbourhood, un-
der oath or affirmation, to be appointed by the consent of the par-
ties, and if they cannot agree, by any disinterested justice of the
peace of the proper county.
11. And be it enacted, That as soon as the said president, mana-
gers and company, shall have perfected five miles at any one place
of the said canal or .slack water navigation, and so from time to
time, as they shall perfect five additional miles of the same, they
shall give notice thereof to the. governor, who shall thereupon no-
minate and appoint three disinterested persons to view and examine
that part said to be completed, and to report to him in writing,
whether the said navigation is so far executed in a masterly and
workman-like manner, according to the true intent and meaning of
this act; and if at any time their report shall be in the affirmative,
then the governor shall, by licence under his hand and the seal of
the state, permit the said president, managers and company, or
such person or persons as they shall from time to time appoint as
toll collectors, or their deputies, to demand and receive of and
from the person having the charge of any boat or other vessels pass-
ing through any lock erected on said canal or slack water naviga-
tion, ten cents at each lock, upon each and every ton of the ascer-
tained burthen of such vessel; Provided, that at the expiration of
two years after the said work shall be completed, the tolls, together
with the interest of money arising from the sale of water power,
or the rents or profits thereof, should enable the company, after
paying all repairs and other necessary expenses, to divide more
than nine, per centum per annum on the capital stock expended, then
and in such case the tolls shall be so reduced, that the dividends
shall not exceed nine per cent, and shall so continue for five years;
and if at the expiration of that time shall exceed fifteen per cent.
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