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bučk ground as they may deem best adapted to the purposes of navigation: and on application of either party to the circuit court of Jefferson Circuít court county, they shall appoint six persons, who shall

appoint

persons to as be free-bolders 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 hy said court, shall be lival, and on payment of the money, shall vest in the said company the fce simple of said land ; ad for the use of water to erect wáter works of any kind or slescription, a puntual contrart and agreement shall be made by the proprictor or proprietors and said company,

Ø 13, be it further eracted. That it shall and to enter up. may be lawful for the said presiderit and direc- on land contors, with their superintendants, artists, work-bal and carry men, laborers, carts, waggons, sleds, and other away stono, 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 intenderl canal, and to take and arry away [any stone.gravel. cárth, timber. &c. being most conveniently situate for making or repairing said lock navigation and to use the same incarrying on said works, having fust male compensation Compensafor the same to the owner of said lands, it they tion

made there. can agree; if not, then by valuation, in the same manner as before directed.. And when the said canal with suflicicntiockssball have been completed

Width and of at least thirty fectin width in the bottom, and of

depth of ca. a convenient slope to the top, and of a depth at low nal, water of at least fourand a half feetosufficient to carrythrougli the whole distance ofsaidcanalany 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 owner's, master or manager of all boats, vessels, or other water craft, for the passage of said canal; that is to say, For a loailed flat boat,

$10 00 Rates of to!). For an empty flat boat,

6 00 For a londoid steam boat per tonnage,

1 50 For an empty steam boat per ditto,

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to

be

for.

For a toatled barge per tonnage, $1 50
For an empty barge per ditto,

75 For a loaded keel boat per tonnage,

1* 50 For an empty keel bont per ditto,

75 For a loaded sea vessel per tonnage,

1 50 For an empty sea Yossel perlitto,

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 here. by 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 boatnien in their passage through the company for

same ; openinglocks

and if any boat, raft or other vessel shall

be prevented from passing through any of said Penalty for locks or staices by reason of the lock not being locks not be raised or opened, for more than one hour, waless

.

they shall be prevented by reason of some indispeusable repairs necessary tobe 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 there. after.

14. Be it further enacted, That if the said Dams and locks to be company shall neglect or refuse to kcep in good kept 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 If not the president and company, shall for each and every such offence, directors lia- forfeit and

pay

а um not exceeding fifty dollars, ble therefor. for the use of any persons who may have been

injured or detained by such neglect or failure.

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, cngine,

order,

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machine or device thereto belonging shall be in-
jured or damaged, or shall commit any wilful
trespass, or take, carry away or conceal any en-
gine, 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 te
do, or pass or re-pass the same without the know-
lodge 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 willul act, together with costs of suit, to be
recovered as debts of equal amount are or may
be by law required.

16. Be it further enactedl, That the president President & and directors shall at least once in every year lay directors before the general assembly of Kentucky during exhibit to the their session, an abstract of their accounts, shew- abstract

legislature an

of ing the amount of their capital expended in the their prosecution of their works. And wlien 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 cana the canal and locks are in order to let boats pass with safety, and agreeable to the truc intent and meaning of this act, the governor shall by his license under his land and the seal of the License to be commonwealth, allow and permit the said com- granted be.

fore the company to collect and receive the tolls allowed by this act. The president and directors shall keep ceive toll.

pany can rea true and fair account of all monies by them received for tolls, &c. in passing said canal, and re- keep an acport the same annually to the general aşsembly ; .count of moand if at any time after the said canal shall bave nies received 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 cento per annum on the capital stock 12 1-2 per so expended from the time of investing the same, cent per an

nium the tolls then it shall and may be lawful for the president

may be raised and directors of said company, or the stockhold

so as to di. ers at a general meeting, to increase the tolls herc- yide that

sum, in before allowed in a just ratio, so much on each and not to ex

ceed 18 per and every allowance thereof as will raise the div

ers to exam

1

cent.

idend

up to 12 į 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 annuin, then, and in that case, the legislature reserve the right so to reduce the amount of tolls as that [the] divident! shall not exceed 18 per cent. per annuin.

CHAP. CCXXI.

An ICT authorising the appointment of Trustees. in the town of Germantowi.

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 Gregs, Ebenezer Thompson and Ephraini Frazee shall be, and fare] hereby appointed trustees of Germantown, and vested with all the power 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, hav. ing 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 house keepers 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 undei an act concerning the estallishment of towns, passed December 1978, 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

Jacobs.

APPROVED January 30, 1818. WHEREAS it is represented to the present

Recital. 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 las sustained serious losses. Wherefore,

Ni. Be it enacted by the General Assembly of thé Conmonwealth of Kentucky, That it shall and to locate 200 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 : Provisleid, 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 Recita!, 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 eircumstances, with a large family to support; wherefore it is considered that the situation of the said Jacobs ouvht to be ameliorated : Therefore,

62. 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,

cres of land. 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

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