such ground as they may deem best adapted to the purposes of navigation; and on application of either party to the circuit court of Jefferson Circuit court to appoint county, they shall appoint six persons, who shall persons to asbe free-holders and disinterested, to view and as- sess damages, sess the damages, and make report thereof to the court; which report. when confirmed and entered of record by said court, shall be final, and on payment of the money, shall vest in the said company the fee simple of said land; ad for the use of water to erect water works of any kind or description, a shall al proprietor or proprietors and said company. be made there 13. Be it further enacted, That it shall and To enter upmay be lawful for the said president and direc- on land contiguous to cators, with their superintendants, artists, work- nal and carry men, laborers, carts, waggons, sleds, and other away stone, carriages, with their beasts of draft and burden, &c. and all necessary tools and implements, to enter into and upon the lands contiguous or near to the tract of the intended canal, and to take and carry away [any] stone. gravel. carth, timber, &c. being most conveniently situate for making or repairing said lock navigation, and to use the same in carrying on said works. having first made compensation Compensa for the same to the owner of said lands, if they tion to can agree, if not, then by valuation. in the same for. manner as before directed.. And when the said canal with sufficient locks shall have been completed of at least thirty feet in width in the bottom, and of a convenient slope to the top, and of a depth at low nal, water of at least four and a half feet, sufficient to carry through the whole distance of said canal any boat or craft not carrying more than four feet water; then, and in that case, the said president and directors by themselves, their agents and servants. shall have power and authority to demand and receive from the owner or owners, master or manager of all boats, vessels, or other water craft, for the passage of said canal; that is to say, For a loaded flat boat, Width and depth of ca 10 00 Rates of tol), 6.00 1 50 75 A ( 424 ) For a loaded barge per tonnage, $1 50 75 150 75 150 75 For all and each of the above vessels if in part loaded, in proportion as 75 is to 150 cents per tonnage. And for all and each of the above vessels, boats, or other craft, whether loaded or unloaded, in ascending the said canal, double the rates hereby allowed. And the said company shall keep and maintain A person to a skillful person for opening the locks and for asbe kept by sisting the boatmen in their passage through the company for openinglocks same; and if any boat, raft or other vessel shall be prevented from passing through any of said Penalty for locks or sluices by reason of the lock not being locks not be- raised or opened, for more than one hour, waless ing raised. they shall be prevented by reason of some indispensable repairs necessary to be done to satd locks, the president, directors and company shall, on conviction thereof before any justice of the peace for Jefferson county, forfeit and pay to the person or persons so hindered the amount of one half part of the toll which said boat, raft or other vessel is by law obliged to pay for passing through said.locks or sluices, for every two hours thereafter. Dams and kept in good order. 14. Be it further enacted, That if the sand locks to be company shall neglect or refuse to keep in good order or repair, any dam, lock or sluice of their own construction, or neglect to remove any obstacle which may occur, so that boats, rafts or other vessels may at all times navigate the said canal with safety, the president, directors and said president and Company, shall for each and every such offence, directors lia- forfeit and pay a sum not exceeding fifty dollars, ble therefor. for the use of any persons who may have been injured or detained by such neglect or failure. If not the 15. Be it further enacted, That if any person Trespass how or persons whatsoever shall wilfully and knowpunished. ingly do any act or thing whatsoever, whereby the said navigation, or any lock, gate, engine, machine or device thereto belonging shall be in-. jured or damaged, or shall commit any wilful trespass, or take, carry away or conceal any engine, device, machine or instrument used in or about the said locks, or shall open or cause the said locks or gates to be opened, or attempt so to do, or pass or re-pass the same without the knowlodge or consent of the agent or manager to said canal, he, she or they so offending shall forfeit and pay to the said canal company, their tenant or agents, three fold the cost and damages by said company sustained by means of such known and wilful act, together with costs of suit, to be recovered as debts of equal amount are or may be by law required. ac ers to exam 16. Be it further enacted, That the president President & and directors shall at least once in every year lay directors to before the general assembly of Kentucky during exhibit to the legislature an their session, an abstract of their accounts, shew- abstract of ing the amount of their capital expended in the their prosecution of their works. And when the canal counts. shall be completed, they shall make application to the governor of Kentucky, who shall appoint three commissioners not interested in said canal, to Commissionexamine the same; and if they shall report that ine canal. the canal and locks are in order to let boats pass with safety, and agreeable to the true intent and meaning of this act, the governor shall by his license under his hand and the seal of the License to be commonwealth, allow and permit the said com- granted bepany to collect and receive the tolls allowed by this act. The president and directors shall keep ceive toll. a true and fair account of all monies by them received for tolls, &c. in passing said canal, and report the same annually to the general assembly; and if at any time after the said canal shall have fore the com pany can re Company to keep an account of monies received num the tolls been in operation two years, it shall appear that the If the profits clear income and profits will not yield a dividend do not divide of 12 per cent. per annum on the capital stock 12 1-2 per so expended from the time of investing the same, cent. per anthen it shall and may be lawful for the president may be raised and directors of said company, or the stockhold- so as to diers at a general meeting, to increase the tolls herc- vide that sum, in before allowed in a just ratio, so much on each and not to exceed 18 per and every allowance thereof as will raise the div- cent. ( 426 ) idend up to 12 per cent. per annum; and if at any time it shall appear by the said abstract that the income and profits will yield a dividend exceeding 18 per cent. per annum, then, and in that case, the legislature reserve the right so to reduce the amount of tolls as that [the] dividend shall not exceed 18 per cent. per annum. CHAP. CCXXI. An ACT authorising the appointment of Trustees in the town of Germantown. APPROVED January 30, 1818. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That William Currens, Anderson Doniphon, John D. Morford, John Gregg, Ebenezer Thompson and Ephraim Frazee shall be, and [are] hereby appointed trustees of Germantown, and vested with all the pow er and authority which the former trustees had by law. The trustees appointed by this act shall continue in office until the first Saturday in June next, when it shall be lawful for the house-keepers in said town to elect others in their stead, having caused the place of election to be advertised two weeks previously at the most public places in said town; and in case of failure in the housekeepers to elect trustees at the next election, or on the first Saturday in June in any year thereafter, the trustees in office at the time shall continue until others are chosen at an annual election. The trustees hereby appointed, and those who may hereafter be elected under this act, shall have all the power and authority which trustees of towns have under an act concerning the establishment of towns, passed December 19th, 1796, and the amendments to that act; and shall have power to make conveyances of lots sold and not conveyed by the former trustees, under the rules. and regulations prescribed by the aforesaid acts. ( 427). CHAP. CCXXII. An ACT for the benefit of Samuel Teer and Johu APPROVED January 30, 1818. WHEREAS it is represented to the present general assembly, that Samuel Teer, a citizen of Union county, is a very poor man and has a numerous family of small children to support, and has sustained serious losses. Wherefore, Recital. Samuel Teer 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall and may be lawful for the said Samuel Teer to locate acres of land. with the surveyor of Union county, any quantity of vacant land not exceeding 200 acres, which lie shall cause to be surveyed within one year from the passage of this law; and upon his producing the plat and certificate of survey to the register of the land-office, he shall issue a grant therefor as in other cases, without fee: Provided, that nothing in this act contained shall give to the said Teer any priority or advantage over any grant or survey previously made and executed under any of the laws of Virginia or this commonwealth.. And whereas it is represented to the present. Recital, general assembly, that John Jacobs is an old meritorious revolutionary soldier, disabled from labor in that memorable struggle for our rights, and is in indigent circumstances, with a large family to support; wherefore it is considered that the situation of the said Jacobs ought to be ameliorated: Therefore, cres of land. 2. Be it enacted by the General Assembly of the John Jacobs Commonwealth of Kentucky, That it shall and authorised to may be lawful for the said Jacobs to locate with locate 200 a the surveyor of any county in this commonwealth, any quantity of vacant land in said county not exceeding 200 acres, which he shall cause to be surveyed within one year from the passage of this law; and upon his producing the plat and certificate of survey to the register, he shall issue a grant therefor as in other cases, without fee: Provided, that nothing herein contained shall give to the said Jacobs any priority or advantage over any grant or survey previously executed ur |