How jury

shall be se

section, or if in a city or village, by the section, block and number of the lot, or by some other suitable and proper description; and evidence of the publication of such notice may be perpetuated by an affidavit duly made by the printer or publisher of the newspaper in which such notice was published; such affidavit to be made within three months after the last publication of such notice, shall be prima facie evidence of the facts therein set forth; and the commissioner or judge to whom such application shall be made, who shall thereupon proceed to the office of the clerk of said county, and direct him to draw twelve names from the petit jury box of the county, and the clerk shall thereupon draw twelve names from lected. such box accordingly, and the said judge or circuit court commissioner, to whom such application was made, shall thereupon issue his warrant under his hand and seal, inserting therein the twelve names so drawn by the clerk; and the twelve names so drawn from the petit jury box, shall be thereupon deposited again by the clerk in said box, and the warrant so issued as aforesaid, shall be directed to the sheriff of said county, or if the sheriff be interested, then to one of the coroners of said county, requiring him to summon the twelve persons whose names are inserted in such warrant as jurors, to meet on or near the land or property or materials to be valued, or touching which are damages to be assessed, on a day named in said warrant, not less than five nor more than ten days after the issuing of the same; and if at the said time and place any of the persons summoned do not attend, the said sheriff or coroner shall immediately summon as many as may be necessary, with the persons in attendance as jurors, to furnish a panel of twelve jurors, and from whom each party, or his, her or their agent or attorney, or if either be not present in person or by agent, the sheriff or coroner for him, her or them, may strike off three jurors, and the remaining six shall sit as a jury of inquest of damages, and before they act as such, each of them shall take and subscribe the following oath or affirmation, to be administered by the sheriff or coroner: "I do solemnly swear (or affirm) that I am not either directly or indirectly interested in the lands or materials to be appraised, nor in the property or stock of the St. Mary's Canal Company; that I have not been, am not and do not expect to be in the em

Form of ju

rors oath.

Evidence

before jury.

When dam

ages to be

deposited

with state

treasurer.

ployment of said company, and that I will justly and impartially value the damages which the owners or occupiers have sustained or will sustain by the use or occupation of the land or the taking of the materials or property required by said company," and the jury shall reduce their inquisition to writing, and shall sign and seal the same, and two originals of such inquisition shall be made and executed on the same day, one of which shall be delivered to the said company, and the other to the party claiming compensation; and the property taken, and the boundaries of the land to be taken or occupied by the said company, touching which the inqui sition is made, and a map thereof shall be set forth in such inquisition; and such inquisition shall be filed in, and shall be confirmed by the circuit court of said county, at its next session, upon motion for that purpose made, if no sufficient cause to the contrary be shown, and when confirmed the same shall be recorded by the clerk of such court at the expense of said company; but if not confirmed, another inquisition may be taken in the manner above specified, and costs on such second inquisition shall be awarded by the court in their discretion, to be paid by either party: Provided, That in the taking of any inquisition authorized by this section, it shall be competent for said company and said owner or occupier, or either of them, to appear before said jury and introduce evidence under the ordinary rules of law, the foreman of the jury being hereby authorized to administer the proper oath therefor; and the money assessed as the valuation in any such inquisition by the jury aforesaid, being paid or legally tendered to the party entitled to the same, or deposited with the state treasurer, subject to the order of the court confirming the inquisition as aforesaid, the property so taken and valued shall immediately thereupon vest in said company as fully as if the same had been transferred by lawful deed by the owner or occupier thereof, for such term of time as the same may be required for the purposes authorized by this act; and in case the party entitled to receive such money shall not appear before the jury which makes the inqusition and make claim of such lands, or shall not appear to demand or accept the money assessed as the valuation of any such inquisition, then a deposite with the treasurer of this state, with the amount of money assessed as the valuation or

damages by any such inquisition, together with a certified copy of the inquisition, shall be considered equivalent to payment or tender thereof, to the person entitled to the same; and the state treasurer shall receive and keep account of all moneys so received into the state treasury, and shall pay them to the parties entitled thereto, on the order of any judge of the supreme court; and such inquisition, when confirmed, shall have the effect of a judgment, and execution may be ordered to issue thereon against said company in favor of the person to whom damages were awarded by such inquisition and confirmation thereof, at the expiration of sixty days from the time of such confirmation, unless prior thereto said company shall have satisfied the damage found or assessed by such inquisition in manner aforesaid; and if at any time it shall happen that the said company shall be in possession or occupancy of any land, the title to which or the full right of the use and occupancy whereof for the purposes of said company in manner aforesaid, shal not have been relinquished to or vested in said company, then in any and all such cases said company may acquire such title or rights of use and occupation by voluntary grant thereof, or by inquisition thereupon and therefor, to be made and found, and the payment of the value or damages found or assessed in manner and form above prescribed; and the commissioner or judge issuing the Fees of warrant, and the sheriff or coroner and jurors to be summoned under this act, shall be entitled for the services rendered by them, to such compensation as may be fixed therefor by the judge of the supreme court as aforesaid, by an order for that purpose to be made by him, and which costs shall be paid by the company.

com'r, &c.

upon lands

SEC. 10. That it shall and may be lawful for the said president May enter and directors, by themselves, their agents or workmen, to enter of others. with such force as they may employ, for that purpose, upon the lands contiguous or near the proposed canal, and from thence to take and carry away any earth, stone, timber, gravel, &c., being most convenient for making or repairing said canal and appendages, making proper compensation therefor to the owners of said land, if they can agree therein; but in case of disagreement, then it shall be settled by valuation in the manner before recited. And when the said canal shall be completed as aforesaid, the president and di

Rates of toll

Penalty for

&c.

rectors, by themselves, their agents or servants, shall have power and authority to demand and receive from the owner or owners, master or agents of all steamboats, vessels, boats, barges or other craft, entering the said canal, the following rates of toll, to be paid before the said steamboat, vessel, boat, barge or other craft, shall be suffered to pass through the same, to wit: For steamboats, vessels, boats, barge or other craft, twenty cents per ton, United States measurement; for each raft of timber, plank or other lumber, four dol lars for every sixty feet in length, not exceeding twenty feet in width, and in that proportion. The said president and directors shall fix and establish such sums as they may deem advisable, for the use of the docks, basins or other appendages to the said canal; which rates with the foregoing rates of toll, shall be posted up in some conspicuous place on the said canal, and no other or greater rates shall be demanded than those posted up.

SEC. 11. That if any person or persons shall wilfully and knowwilful injury ingly do any act or thing whatever, whereby the said navigation or any lock, gate, dam, engine, machine or other thing thereto belonging shall be injured or damaged or impeded, or shall commit any wilful trespass, or take, carry away or conceal, any material, instrument, tool or other thing belonging to or used in or about the said works, or shall open or cause the locks to be opened, or attempt so to do, or pass or repass without the knowledge 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 times the amount of the cost or damages sustained by means of, or through such wilful act, together with costs of suit, to be recovered before any court of competent jurisdiction, and in case of clandestinely taking and carrying away, be liable to a prosecution for theft.

To file ac

sec of state.

SEC. 12. That the said president and directors shall keep a true count with account of the cost of said canal and appendages, and within twelve months from the completion thereof, shall make up the said amount, under oath, and file the same in the office of the secretary of state of this state. They shall also on the first day of January annually, file a statement under oath as aforesaid, of the business of said company during each year, showing the amount of its profits and the dividends declared and paid; and if it shall appear by

the statement aforesaid, that the profits so divided shall exceed ten per centum on the capital expended, the excess above that amount shall be paid into the treasury of this state Provided, That no such excess shall be paid into said treasury until said company shall receive by profits a sum equal to seven per centum per annum on the capital stock invested.

When to work.

SEC. 13. That the said canal shall be commenced within two years and completed and in readiness for operations within five commence years from the passage of this act, and unless so commenced and completed, said corporation shall be dissolved, and this act shall thereupon cease to exist and shall be of no force or validity.

Congress or state may

nal.

SEC. 14. That it shall be competent at any time for the Congress of the United States, or the legislature of this state to purchase purchase cafrom the said company all the interest and rights they may acquire in virtue of this act of incorporation, by the payment to said company of such sum or sums of money as shall have been expended on the said work, or for which said company in the construction thereon may be liable, together with interest at the rate of ten per cent. per annum, from the time of such expenditure, and on such payment being made, the said canal and appendages shall pass by said purchase, and the said company shall be thereupon wholly dissolved, and the rights and franchises herein created shall cease: Provided, however, That in case the said purchase as aforesaid shall be made after the accruing of any profits from any of the franchises hereby granted, such profits shall be, and are hereby declared to be a part of the ten per centum interest above provided for.

may make

canal a na

&c.

SEC. 15. That the consent of this legislature is hereby given that Congress the Congress of the United States may make all such appropriations tional work, as may be necessary for the opening of the said canal as aforesaid, and may pass such laws as may be necessary for adopting the same as a national work; and with that view, full power is hereby granted to the United States to take and have possession of the same, and to impose such duties and tolls in lieu of those herein before provided, as Congress shall deem proper: Provided, Such tolls shall not exceed such sum annually, as shall be necessary to meet the expenses of necessary attendance and repairs thereof. upon the works and pro

SEC. 16. That the state shall have a lien