ACTS OF INCORPORATION and the SUPPLEMENTS THERETO, PASSED BY THE LEGISLATURES OF PENNSYLVANIA AND MARYLAND, in reference to the SUSQUEHANNA and TIDE WATER CANAL COMPANIES; also, the act of incorporation and the supplements thereto, passed by the legislature of maryland in reference to the old susauehanna canal, extending from near the maryland line to port deposite, in cecil county, maryland. BALTIMORE: Printed by Bull & Tuttle, N. IV. corner of Gay and Baltimore streets. 1839. HE 3 Hi l?3H INDEX. ACTS OF PENNSYLVANIA. Page. Act of incorporation of the Susquehanna Canal Company. (Passed 15th April, 1835.) 7 to 15 1st Supplementary Act, authorising' the Company to cross to the western side of the river at Columbia, by means of a dam and towing path bridge, on condition that the State of Maryland shall authorise the construction of a rail road from the line of Pennsylvania, to connect with the Baltimore and Ohio Rail Road, at or near Hagerstown or Williamsport. Section 3 defers the State's right to purchase the canal until after fifteen years. Section 5 provides for a connection with the Conestoga Navigation. (Passed 21st March, 1836.) 15 to 18 2d Supplementary Act, authorising the Board of Managers to fill vacancies in their own body; and in case the capital of the Tide Water Canal Company is increased, authorising the Susquehanna Canal Company to subscribe and pay for the same. (Passed 16th April, 1838.) 19 3d Supplementary Act, authorising the Susquehanna Canal Company to borrow money, and pledge or mortgage its works and property. (Passed 25th January, 1838.) 19 4th Supplementary Act, extending the State's right to purchase the canal to twenty-five years, and modifying the clause in the original act of incorporation respecting the deduction of the dividends from the pur¬ chase money. Section 2 defines the mode of connection with the Co¬ nestoga navigation. (Passed 21st February, 1839.) .... 20 to 21 * IV. ACTS OF MARYLAND. Page. Act of Incorporation of Tide Water Canal Company. (Passed Decem¬ ber session, 1835.) 23 to 25 The above Act revived the Act of December session, 1825, to incorporate the Susquehanna and Patapsco Canal Company, which will be found at 27 to 30 It also revived the Act of December session, 1S25, for the promotion of In¬ ternal Improvement, which will be found at 30 to 42 1st Supplementary Act, authorising the canal to terminate at or near Havre de Grace. Section 2 fixes the capital stock at $600,000. Section 5 authorises the Company to purchase the stock of the old Susquehanna Canal Company of Maryland, together with all the rights and privi¬ leges of the stockholders thereof, &c. Section 3 repeals the 3d section of the original act of incorporation. (Passed May, 1836.) 25 to 26 2d Supplementary Act, authorising the right of appeal and removal and cause of procedure consequent thereon, in cases of damage arising out of the construction of the canal. (Passed March 16, 1838.) 42 * The section of the act in favor of the Baltimore and Port Deposite Rail Road Company, referred to in the foregoing Supplement, will be found on 42 3d Supplementary Act, authorising the Tide Water Canal Company to in¬ crease its stock to $1,000,000, by additional subscriptions or loans. (Passed 21st March, 1838.) 42 to 43 4th Supplementary Act, granting the loan of State bonds to the amount of $1,000,000, to insure the completion of the Susquehanna Canal and of the Tide Water Canal. (Passed April 6, 1839.) 69 to 71 The Acts of Maryland in relation to the "Proprietors of the Susquehanna Canal," extending from the State line to Port Deposite, in Cecil county, will he found at 43 to 69 LAW OF PENNSYLVANIA, NUMBER 164. AN ACT To authorise the Governor to incorporate the Susquehanna Canal Company. Section 1. Be it enacted by the Senate and House of Re¬ presentatives of the Commonwealth of Pennsylvania in Gene¬ ral Assembly met, and it is hereby enacted by the authority of the same, That Robert McCurdy, Joseph M. Sanderson, Edward Coleman, Simon Gratz, Charles S. Boker, Henry White, George H. Hickling, of Philadelphia; Jeremiah Brown, James A. Caldwell, of Lancaster county; Evan Green, of Columbia, Lancaster county; Charles A. Bar- nitz, York, in York county; Jacob M. Haldeman, Harris-Commission- burg; Simon Cameron, of Middletown; James Hepburn, ers« John C. Boyd, of Northumberland county; Joseph Tod- hunter, William Bose, Samuel Jones, of Baltimore; James Evans, Port Deposite; Roland Curtain, Centre county; William McKelvey, of Columbia county; George M. Hol- lenback, of Luzerne county, or a majority of them, be and they are hereby appointed commissioners to do and per¬ form the several things hereinafter mentioned, that is to say: they shall, on or before the first Monday of August next, procure books, one or more of which shall be opened at some convenient place or places, in which the following entries shall be made: "We whose names are hereunto Form of sub- subscribed, do promise to pay to the Susquehanna Canal scription. Company, fifty dollars for each share of stock set opposite to our respective names, in such manner and proportions, and at such times as shall be determined by the president and managers of said company, in pursuance of an act to authorise the Governor to incorporate a company to make a canal navigation from the termination of the Pennsyl¬ vania canal, at Columbia, in Lancaster county, to the Maryland line. Witness our hands this day of A. D. eighteen hundred and and said commissioners shall thereupon give notice in at least one Public notice newspaper printed in each of the cities of Philadelphia,to, be given WnPrp nnnk H Lancaster, Harrisburg and Baltimore, for two weeks, ofare t0 be o- the times and places when and where the said books are pened. to be opened, to receive subscriptions for the stock of said company, at which respective times and place or places, at least two of the said commissioners shall attend and permit all persons of lawful age, who shall offer to sub¬ scribe in said books, in their own name or the nam© of 2 6 any other person who shall authorise the same, for any number of shares in the said stock: and the said books shall be kept open for the purpose aforesaid, for at least four hours in every juridical day, for the space of three No. of share» days, or until there shall be subscribed five thousand shares; 5,000. anc| at the expiration of said three days, there shall not be subscribed upon the books aforesaid, the number of shares aforesaid, the said commissioners may adjourn from time to time, and transfer the said books elsewhere, until the whole number of five thousand shares shall be subscribed, of which adjournment and transfer, the commissioners shall give such notice as the occasion may require, and when the whole number of five thousand shares shall be Proviso. subscribed, the said books shall be closed: Provided always, That every person offering to subscribe in said books, in his own or any other person's name, shall previously pay to the attending commissioners the sum of five dollars on" each share to be subscribed, out of which shall be defrayed the expenses attending the taking of such subscriptions and other incidental expenses, and the remainder shall be paid to the treasurer of the corporation, as soon as the same shall be organized, and the officers chosen as hereinafter 2d Proviso, mentioned: And 'provided further, That the whole num¬ ber of shares subscribed before the organization of the company, shall not exceed thirty thousand, and if an ex¬ cess above the said number be subscribed, the commis¬ sioners shall reduce such excess proportionally among the subscribers. When 5,000 Section 2. When the said five thousand shares shall subscribed^6 ^ave been subscribed by ten or more persons, the com- commission- missioners, or a majority of them, shall certify to the era shaU cer- Governor, under their hands and seals, the names of the nor/0 °Ver~ subscribers and the number of shares subscribed by each, whereupon the Governor shall, by letters patent, under the greater seal of the Commonwealth, create and consti¬ tute the subscribers into a body politic and corporate, by Style & title, the name, style and title of the Susquehanna Canal Com¬ pany, and by the same name, the said subscribers shall have Privileges & perpetual succession, and all the privileges and franchises liabilities. incident to a corporation, and shall be capable of taking and holding their capital stock, and the increase and profits thereof, and of enlarging the same by new subscriptions, in such manner and form as they may think proper, if such enlargement shall be found necessary to fulfil the in¬ tention and purposes of this act, and of purchasing, taking and holding lo them, their successors and assigns, in fee or for any less estate, such lands, tenements, heredita¬ ments and estate, real and personal, as shall be necessary to them in the prosecution of their business as a canal company, and of suing and being sued, and doing other matters and things which a body politic and corporate may lawfully do. Organization Section 3. The commissioners hereinbefore named, or o company. a majority of them, shall, as soon as conveniently may be 7 after the said letters patent have been obtained, give at least ten days notice in the newspapers hereinbefore men¬ tioned, of a time and place by them appointed for the subscribers to meet, in order to organize the said compa¬ ny, and to choose by a majority of votes of the subscri¬ bers, given in person, or by proxy duly authorised, one Election of of- president, twelve managers and a treasurer, and such fibers, other officers as shall be deemed necessary to conduct the business of the said company until the second Monday of May next ensuing, and until like officers shall be chosen; and the said president and managers may make then, or at any subsequent meeting, such by-laws, rules, orders and regulations as do not contravene the constitutions and laws of the United States or of this State, and may be convenient or necessary for the well governing of the affairs of the said company. Section 4. The stockholders shall meet annually on Ann. meeting- the second Monday of May of each year, at such place for election of as may be fixed upon by the board of managers, of which0 cers' c" at least ten days notice shall be given by the treasurer, in the newspapers before mentioned, and choose by the votes of a majority of those present, in person or by proxy as aforesaid, the officers mentioned in the third sec¬ tion of this act, who shall continue in office for one year and until others are chosen, and at such other times as they shall be summoned by the managers in such manner and form as shall be prescribed by the by-laws; at which annual or special meeting, they shall have full power to make, alter or repeal, by a majority of votes in manner aforesaid, all such by-laws, rules, orders and regulations made as aforesaid, and to do all or any other corporate act or acts, and every person holding ten or any less number of shares of said stock, shall be entitled to one vote for every Ratio of vote* share so held at any election for officers of said company to shares, or other meeting of stockholders, and one vote for every additional ten shares: Provided, That no number of shares Proviso, shall entitle the holder thereof to more than twenty-five votes: And 'provided, That the omission of the stock h old-2d Proviso, ers to meet and elect as aforesaid, shall work no forfeiture, hut they may be afterwards called together for that pur¬ pose by the managers. Section 5. The said president and managers shall meet Duties ©f ma- at such times as shall be found by them most convenient, wagers, and when met seven shall form a quorum, who, in the absence of the president, shall choose a chairman and keep minutes of all their proceedings fairly entered in a hook, and a quorum being formed shall have full power to appoint surveyors, engineers, superintendants, and all other artists and officers necessary to carry on their in¬ tended works, to fix their salaries and wages, to ascertain and direct the times, manner and proportions in which the stockholders shall pay the moneys due on their respective shares, and to draw orders on the treasurer: Provided such Proviso, orders be signed by the president, or in his absence by 8 the president pro tem. or a majority of the quorum pre¬ sent, and generally to do all such other acts, matters and things as by this act and by their by-laws and the regula¬ tions of the company they are authorised to do. Section 6. The president and managers shall, as soon Certificates of as js convenient, procure certificates or evidences of stock stye ♦ for all the shares of the said company, and shall deliver one such certificate, signed by the president and counter¬ signed by the treasurer, and sealed with a corporate seal of the said company, to each person for every share of stock by him subscribed or held, he paying five dollars for each share, or at the option of the subscriber one certifi¬ cate for the whole or any less number of shares by him subscribed, which certificate or evidence of stock shall be Transferable, transferable at his pleasure, in person or by attorney duly authorised, in the presence of the president or treasurer, who shall keep a book for that purpose, subject however to all payments due or to become due thereon, and the as¬ signee holding any certificate, having first caused the assignment to be entered in the books of the company kept for the transfers of stock, shall be a member of said corporation, and for every certificate assigned to him, as aforesaid, shall be entitled to one or more shares of said capital stock, according to the tenor of said certificate, and of all the estates, emoluments and dividends of the said company incident to such shares, and to vote as aforesaid, at the meetings thereof, and be subject to all penalties and forfeitures, and to be liable for all balances and penalties due on such share or shares as the original subscribers would have been. Penalty for Section 7. If, after thirty days notice in the public pa- of instalment Pers af°resaid, of the time and place appointed for the * payment of any proportion or instalment of the said ca¬ pital 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 pay¬ ment, and if the same and 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 said company, and may be sold to any person or persons willing to purchase, for such price as can be ob¬ tained 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 competent jurisdiction, for the re¬ covery of the same, together with the penalty aforesaid: Proviso. 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 Emoluments & penalties. 9 whose share or shares any instalment or arrearages may be due and payable more than thirty days previously to the said election or meeting. Section 8. The said president, managers and company Right to oc- shali have power and authority, by themselves or their su- cupy land for prm^ît rnr t ion perintendants, engineers, artists and workmen, to enter in ' and upon, and occupy for the purpose, all the land which shall be necessary and suitable for constructing said canal, doing as little damage as possible thereto, and dig, con¬ struct, make and erect such canal, satisfying the owner or owners thereof; 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 How compen- and judicious persons, who shall be under oath or affirma- sation shall be tion, or if they cannot agree on such persons then either made- of the parties may apply to the court of Common Pleas of the proper county, and said court shall award a venire di¬ rected to the sheriff to summon a jury of disinterested men in order to ascertain and report to the said court what damages, if any, have been sustained by the owner or owners of said ground by reason of such canal 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 non-payment, for the sum awarded, with reasonable 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 con¬ sideration the advantage derived to the owner 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 Proviso, filed in the prothonotary's office of the said county, in the same manner as appeals are allowed in other cases: And provided also, That if any person owning land or any 2d Proviso, other property which shall be affected by this act, be feme covert, under age, non compis mentis, or out of the State, then and in either of the cases the president, managers and company shall, within one year, represent the same to a neighboring justice of the peace, or to the court of Com¬ mon Pleas of the said county, as the case may be, who shall proceed thereon in the same manner and to the same effect as is directed by this act in similar cases. Section 9. The president and managers, their superin- Right of entry tendants, engineers, artists, workmen and laborers, with °.n C(J£r their tools, instruments, carts, wagons and other carriages, materials,&c. and beasts of burden or draft, may enter upon the lands contiguous to the route of the said canal, giving or pub¬ lishing notice to the owners thereof, and from thence take and carry away any stone, gravel, sand, earth or other material necessary to the construction of said canal, doing as little damage as possible, and repairing any breaches they make in the enclosures thereof, and making amends for any damages that may be done thereon, and paying Make amends for the materials taken away; the value thereof, if the for damages. 10 On complet'n notice to be g-iven to the Governor, who shall ap¬ point 3 per¬ sons to view, &c. Upon report in the affirm¬ ative, the Go¬ vernor shall license to re¬ ceive tolls. Tolls shall not be less than Philadelphia and Columbia rail roads. Proviso. 2d Proviso. Of tolls. parties do not agree, to be assessed and ascertained by any three disinterested freeholders of the said county, under oath or affirmation, to be appointed by consent of parties, or if they cannot agree, by the couit of Common Pleas of the said county, upon petition, from whose decision an ap¬ peal may be entered, as in the eighth section of this act. Section 10. As soon as the said president, managers and company shall have completed the said canal or navi¬ gation, they shall give notice thereof to the Governor, who shall thereupon nominate and appoint three disinterested persons to view and examine the same, and report to him in writing, under oath or affirmation, whether the said na¬ vigation is executed in a masterly, workmanlike manner, according to the true intent and meaning of this act; and if their report shall be in the affirmative, then the Gover¬ nor shall, by license under hand, and the less seal of this Commonwealth, 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 toll of and from the persons having the charge of any boat, ark or other vessel passing through said canal; (the tolls and charges on this canal shall not at any time be less than those which shall from time to time be charged on the Philadelphia and Columbia rail road, with the exception of those on coal, iron and lumber; and the said Susque¬ hanna Canal Company shall guarantee to this Common¬ wealth, that the tolls and charges on the Conewingo canal shall be at all times uniform with those charged on said Susquehanna canal:) Provided, That if, at the expira¬ tion of two years after the said work shall be completed, the tolls should enable the company, after paying all re¬ pairs and other necessary expenses, to divide more than ten 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 ten per cent, and shall so con¬ tinue for five years; and if, at the expiration of that time, they shall exceed ten per cent, they shall be so reduced as not to exceed ten per cent., and shall, after that period, be so regulated from time to time, as not to exceed ten per cent, per annum; and if at any time after the expira¬ tion of two years from the completion of the said work, the nett profits aforesaid shall not amount to six per cent upon the money expended, it shall be law7ful to raise the said tolls so as to divide six per cent: Provided, That the Legislature reserve the right to regulate the tolls on said canal at any time hereafter, in such manner as they shall think proper. Section 11. The toll collectors appointed as aforesaid, shall and they are hereby authorised not to permit the passage of any boat or vessel through the said canal, until the tolls fixed by the company are first paid and discharg¬ ed by the owner, shipper or supercargo; or may bring suit for the same against said owner, shipper, supercargo or cap¬ tain, before any competent tribunal, according to law, in the name of the said company. Il Section 12. The president and managers of the said Accounts an- cornpany shall keep fair and just accounts of all moneys "«ally to be • • • su nïïiittffi TO received by them from the said commissioners and sub- stockholders, scribers. on account of the several subscriptions, of ail penalties for delay in the payment thereof, and the amount of the profits on the shares which may be forfeited as aforesaid; and also of all moneys by them expended in the prosecution of the said works, and shall in every year sub¬ mit such accounts of the stockholders at their annual meeting to choose officers of the company, and the aggre¬ gate amount of such receipts and expenditures shall be ascertained, and if upon such liquidation or when the capital stock subscribed shall be nearly expended, it shall be found that the said capital stock will not be sufficient to complete the said navigation according to the true in¬ tent and meaning of this act, it shall and may be lawful for the said president, managers and company, at a stated or special meeting to be convened for the purpose, to in¬ crease the number of shares to such extent as may be increase of ca- deemed sufficient to accomplish the work, and to receive Pitai stock, and demand the moneys for shares so subscribed, in like manner and under like penalties as are hereinbefore pro¬ vided for the original subscription, or as shall be provided by their by-laws. Section 13. The said president, managers and compa¬ ny shall also keep a just and true account of all the mo¬ neys received by their several and respective collectors of toils and other emoluments, and shall make and declare a fair dividend of the clear profits and income thereof, among all the stockholders, all contingent costs and charges be¬ ing first deducted; and shall, on the second Monday in November, and the second Monday in May, every year, publish the half yearly dividends made of the clear profit, Semi-annual and the time when and where the same will be paid to dividends" °* the stockholders, not exceeding twenty days thereafter, V1 a s* and shall cause the same to be paid accordingly: that on the first Monday in February of every year after the date of this incorporation, there shall be furnished to the Le¬ gislature an abstract of the accounts of the company, Abstract of showing the whole amount of their capital actually paid accounts to in, the amount of transportation in each year, and the annuaU^to amount of dividends declared in each year or the losses Legislature, sustained, as the case may be; which abstract shall be ve¬ rified by oath or affirmation of the president of the com¬ pany for the time being. Section 14. If the president, managers and company Company to shall not proceed to carry on the said work within three commence years from the passing of this act, and shall not complete ^finish the navigation as aforesaid in seven years, according to in 7 years, the true intent and meaning of this act, then and in either of those cases, all and singular, the rights, privileges, liber¬ ties and franchises hereby granted to said company, shall revert to the Commonwealth; the Legislature reserves to Legislative itself the right to amend, alter or annul the charter hereby right. m granted, if it shall at any time appear that the privileges granted by this act operate to the injury of the Com¬ monwealth, an abuse of the chartered privileges hereby granted. Securities for Section 15. The said company may demand and take faithful dis- such securities from their officers and agents, and in such ties.rffC° U sums as may be fixed by the by-laws or by resolution of the board, for the faithful discharge of their respective duties. No banking-, Section 16. The said canal company shall not engage commercial directly or indirectly, in any banking, moneyed, commercial or manufac- J P . . J ; .. turing- con- °r manufacturing concern, or in the transportation or sto- cern allowed, rage of any merchandize, lumber, coal, grain, flour or other articles; nor shall they hold, erect or own any other lands, buildings, wharves or docks, than such as are ne¬ cessary and convenient for their business as a canal com¬ pany. Canal not to Section 17. The said canal shall be so constructed as lic^oads PUb" no*to °^struct or impede the use and passage of any pub¬ lic road or roads which may cross the same, and being now laid out, and in all places where said canal may cross or interfere with any public road now laid out, it shall be the duty of the said company to make or cause to be made, Causeway or a good and sufficient causeway or bridge, to enable per- ndg-e to be gong passjng or travelling such public roads, to cross or pass the said canal; which causeways and bridges shall be made and maintained by the said company, and if the company shall neglect or refuse to make such causeways or bridges as soon as practicable, or when made, to keep for them in good repair, they shall be liable to pay a penalty of ten dollars for every day the same shall be neglected or refused after having been notified in writing, to be re¬ covered by the supervisors of the township, with costs, for the use of the township, as debts of a like amount are by law recoverable; and shall, moreover, be liable to an ac¬ tion or actions, at the suit of any person who may be aggrieved thereby, and the service of process upon any officer or agent of the said company, shall be as good and available in law as if served upon the president thereof. Priv'e bridges Section 18. For the accommodation of all persons to be made, owning or possessing lands through which the said canal may or shall pass, it shall be the duty of said company, when required, to make or cause to be made, a good and sufficient bridge or bridges wherever the same may be ne¬ cessary, to enable the occupant or occupants of said lands to cross or pass over the said canal with wagons, carts and implements of husbandry, as the occasion may require: Proviso. Provided^ That said company shall in no case be required to make or cause to be made, more than one bridge on each plantation or lot of land, for the accommodation of any one person owning or possessing land through which the said canal may pass, and where any public road shall cross the said canal, the person owning or possessing land through which the said canal may or shall pass, shall not made. Penalty neglect. 13 be entitled to make such requisition on said company, and the said bridge or bridges, when so made and constructed, shall be maintained and kept in repair by the said compa¬ ny, and if the said company shall refuse or neglect to make such bridge or bridges, or when made, to keep the same in good repair when duly notified thereof, the said company shall be liable to pay any person aggrieved there¬ by, alt damages sustained by such persons in consequence of such refusal or neglect, to be sued for and recovered before any justice of the peace or court having cognizance thereof, and the service of process upon any officer or agent of the said company, shall be good and valid in law as if served upon the president thereof: Provided, That the 2d Proviso, owner or owners of land through which said canal passes, shall not be prevented from constructing bridges over said canal agreeably to the form and position of the bridges constructed by said company. Section 19. No suit or action shall be brought or pro- Suits must be secuted by any person or persons for penalties incurred commenced ♦ • • • within six! under this act, unless said suit or action shall be com- months. menced within six months next after the offence shall have been committed or the cause of action have accrued, and the defendant or defendants in each suit or action may plead the general issue and give this act and the especial matter in evidence and that the same was done in pursu¬ ance and by authority of this act. Section 20. At any time hereafter, it shall be lawful Common- for the Commonwealth to purchase the said canal from the said company, by paying to the said company the original cost expended in the construction thereof, and the subse¬ quent expenses, together with six per cent, interest there¬ on, deducting from the sum of principal and interest afore¬ said, the dividends before declared by the said company on the capital stock; and on the payment thereof by the Commonwealth to the said company, in such manner and form as shall be agreed upon by the said company and by agents duly authorised by the Commonwealth, ail and sin¬ gular the canal aforesaid, with its appurtenances, shall be vested in the Commonwealth, and the corporate rights hereby granted shall thereupon cease and determine, ex¬ cepting so far as the same may be necessary in the settle¬ ment of the concerns of said company. Section 21. If any person or persons shall wilfully and penalty for knowingly break, injure or destroy the banks, locks °r to works?Ury other part of said canal, or any edifice or device or any part thereof to be erected by the said company, in pursu¬ ance of this act, he, she or they shall, for every such of¬ fence, forfeit and pay to the said company three times the actual damages so sustained, to be sued for and recovered, with costs of suit, in any court having cognizance thereof, by action of debt, in the name and for the use of said company; and shall also be subject to indictment in the court of Quarter Sessions of the proper county, and upon 14 conviction of such offence, shall be punished by fine and imprisonment, at the discretion of the court. can^wHbPa* Section -he Susquehanna canal company shall canal. '"connect their canal with the Pennsylvania canal, at or near the town of Columbia, in Lancaster county, or at any other point which they may consider more advantageous and beneficial, or more eligible for the purpose of feeding said canal from the Susquehanna river; and in the location of said Susquehanna canal, it shall be done in such man¬ ner as to form an extension to the Pennsylvania canal, and the said Susquehanna canal shall be located and construct- Proviso. ed on the eastern side of the Susquehanna river: Provided, That all expenses created by said connexion, shall be paid 2d Proviso, by said company: And provided further, That/the said company, in the prosecution of their work, shall not un¬ necessarily impede the navigation of the Susquehanna; and if any part of the navigation channel of said river shall at any time be necessarily interrupted in the progress of the said works, the same shall be cleared, or anpther channel shall be formed on the completion thereof, and made as safe for all purposes of navigation, as before the commence- 3d Proviso, ment of said works: Provided also, That in forming a con¬ nexion with the Pennsylvania canal, it shall be done at such time, so as not to interfere with the business of the Pennsylvania canal, and in such manner as shall be ap¬ proved of by the board of canal commissioners. Company au- Section 23. And whereas, the object of this act is to procure rightconnec^ the Pennsylvania canal with the tide water of the from State of Chesapeake bay, by a uniform canal navigation, and to Maryland to effect this, it will be necessary to extend the canal hereby to tide water, authorised, through a part of the State of Maryland. It is therefore enacted that the said company hereby incor¬ porated be, and they are hereby authorised and empowered to procure the right from the proper authorities of the State of Maryland, to extend the said canal from the Pennsyl¬ vania line to some point at tide water, on the Chesapeake bay, which may be determined upon by the said company, or to connect with any other canal, so as to form a continu¬ ous line of canal from Columbia to the bay mentioned: Proviso. Provided, That the said Susquehanna canal company shall guarantee to this Commonwealth, before the commence¬ ment of the Susquehanna canal, that the said extensions shall be located or constructed on the eastern side of the 2d Proviso. Susquehanna river: Provided, That the charter or grant which shall be obtained from the said State, for the pur¬ pose aforesaid, shall stipulate that no higher or other tolls or charges shall be made or exacted on so much of the said canal as shall be located within the said State, than are permitted to be charged by the provisions of this act, on that portion of the said canal which shall be located in the State of Pennsylvania; and in default of sach stipula¬ tion within three years from the passage of this act, the Legislature of this Commonwealth reserves the right to 15 make such alterations and additions to the charter hereby authorised, as may be deemed just and expedient. JAMES THOMPSON, Speaker of the House of Representatives. THOMAS S. CUNNINGHAM, Speaker of the Senate. Approved—The fifteenth day of April, Anno Domini, eighteen hundred and thirty-five. GEO. WOLF. SUPPIiEME M[ T To the act entitled uAn act to authorise the Government to incorporate the Susquehanna Canal Company," approved the fifteenth day of Aprils Jlnno Domini one thousand eight hundred and thirty-Jive. Section 1. Be it enacted hy the Senate and house of Representatives of the Commonwealth of Pennsylvania in General Assembly met and it is hereby enacted by the authority of the same, That the President and Ma¬ nagers of the Susquehanna Canal Company aforesaid, if they shall deem it expedient to construct the said canal on the west side of the river to the Maryland line, they are hereby authorised and empowered so to do, and connect the said canal with the Pennsylvania canal, at or near, but not more than a fourth of a mile below Columbia, by means of a dam and towing-path bridge, or otherwise, as they may determine upon: Provided, That in making the said connection, whether hy dam and bridge, or otherwise, it shall be so made as not to injure or obstruct the descending navigation of the river, nor impede the ascent of the fish, and if such connection shall be made by a dam, a schute or sluice shall he constructed therein in a line with the boat channel of the river, of not less than one hundred feet width and of sufficient length to enable craft of all kind safely to pass the same; and such schute or sluice shall be kept in repair by the said company, and said dam shall not exceed four and a half feet in height, and shall be sloped on the lower side so as to leave an ascent of not more than one foot in height for every five feet in the length of the said slope to promote the passage of fish; and the said company shall construct an outlet lock, if necessary, opposite the town of Columbia, below the bridge and near thereto, of sufficient dimensions to enable all craft navigating the Pennsylvania canal to pass the same. And if the said company shall neglect or refuse to make and keep in repair for the descending navigation a safe schute as afore¬ said through the said dam, they shall pay all damage which may be sustained in consequence thereof, which damage shall be assessed by two persons, one of whom shall be chosen by the said company and one by the party grieved, and if they cannot agree the said referees shall choose a third person, and the award of a majority shall be final; Provided always, That the aforesaid company shall not be entitled to use the privileges and enjoy the advantages granted to it by this act, until the State of Maryland shall have fully authorised the construc¬ tion, use, control, repair and preservation of a rail road of the width 16 of the Baltimore and Ohio, and Columbia and Philadelphia rail road, from a convenient point or points in the line of the State bounding on Washington count}' in the State of Maryland, to be connected with the Baltimore and Ohio rail road, at or near H age i stow n or Williamsport, or as near thereto as may be, if the rail road last aforesaid shall be made through or near to the said town, or between the same and the ravine of the Potomac river. But if the Baltimore and Ohio rail road shall be constructed along the said ravine, between the South Mountain and Williamsport, then to be connected with the same rail road, either at, or near Hagerstown or Williamsport, or between Hagestown or Wil¬ liamsport, and the North Mountain in the ravine of said river; and shall also have granted the State of Pennsylvania or to such person or per¬ sons or company, as may he appointed or incorporated by the State of Pennsylvania, for the purpose of constructing the rail road, to be con¬ nected with the Baltimore and Ohio rail road, as aforesaid; like powers and privileges for the construction, contiol, use, repair and preserva¬ tion of the rail road, and the necessary appurtenances to be made and connected within Maryland as aforesaid, to those which were given to the Baltimore and Ohio Bail Road Company for the construction, con¬ trol, use, repair and preservation of the main track, or route of its rail road and all necessary appurtenances; nor until the Baltimore and Ohio Rail Road Company shall have agreed and stipulated to allow the said connection with its main road to be made in manner aforesaid, if such consent be necessary, nor in any event, until the said company shall have agreed and stipulated to extend equal facilities to those given ge¬ nerally on its main rail road, and to make no higher or other charges per mile, for the transportation of persons or things passing on its main rail road, toward or from the rail road, which shall be made from the line of this state and connected with said main rail road, than shall be at the same time made or charged for the transportation of like persons and things, in like direction; that is to say, eastwardly or westwardly, respec¬ tively, when passing over the whole line or length of the rail road of said company, so long as the charge for transporting like persons and things, towards or from the Baltimore and Ohio rail road, along the whole line of the rail roads, constructed by authority derived from the State of Pennsylvania, on which such persons and things may be transported, shall not be less per mile than is at the same time charged per mile for the transportation of like persons and things, on so much of the Baltimore and Ohio rail road as is situate eastwardly of the aforemen¬ tioned point of connection with the said Baltimore and Ohio rail road; and whenever the charge for transporting like persons and things, to¬ wards or from the said point of connection, shall be less on the rail roads, constructed by authority derived from the State of Pennsylvania, then to charge for transporting persons and things, passing to or from ssid connecting rail road, on that portion of the rail road of Baltimore and Ohio Rail Road Company, situated westwardly of said point of connection, in which the said transportation shall occur, only such rates of tolls and transportation per mile on such persons and things, as will enhance the aforesaid uniform charge for transporting such persons and things per mile, eastwardly or westwardly, respectively, as much as the rates shall have been reduced per mile below said uniform rates for transporting like persons and things when proceeding to or from the Baltimore and Ohio rail road, on the rail roads constructed by authori¬ ty, derived from the State of Pennsylvania, and on which such per- 17 sons and things pass, either towards or from the rail road of the Balti¬ more and Ohio Rail Road Company. And if any rail road or rail roads constructed in Pennsylvania, shall connect with the Baltimore and Ohio rail road, under the provisions of this act, the same rules respect¬ ing the regulation of tolls and charges on persons and things passing on the Baltimore and Ohio rail road, to and from the said connecting rail road, shall be observed on the said Pennsylvania rail roads, that are stipulated by this act to be observed on the said Baltimore and Ohio rail road with respect to persons and things passing on the said Penn¬ sylvania rail roads, to and from the said Baltimore and Ohio rail road, and any rail road company to entitle it to the benefits of this act shall agree and stipulate to observe the s*id rules respecting the regulation of tolls on persons and things passing the rail roads of said companies, to and from the said Baltimore and Ohio rail road. Provided further, That if at any time a company should be incorporated, or if the com¬ monwealth should undertake to construct a canal from Columbia to the Delaware river or bay, or any of the tributaries thereof, said company or commonwealth shall be at liberty to commence said improve¬ ment at the dam, contemplated to be constructed by the company in¬ corporated by this act, on the east side of the Susquehanna river, and shall be allowed the privileges of using the waters of said dam for all purposes necessary to the establishment of navigation by canal. That in case the said company, in pursuance of the authority given by this act, shall determine to construct a dam across the river Susquehanna at any point below the Columbia bridge, it shall be the duty of the said company to submit the plan of said dam to the board of canal commis¬ sioners, or to an engineer to be appointed by them for that purpose, and nothing in this act shall be so construed as to permit the said com¬ pany to commence the construction of said dam until the said commis¬ sioners or engineer so to be appointed, shall approve the same, and shall certify to the governor that the construction of said dam will not injure or in anywise endanger the Columbia bride. Provided also, That if the said canal should be continued under the authority of the State of Maryland, or otherwise, from the State line to tide, by the said Susquehanna canal company, or by its stockholders, or any of them, then the commonwealth of Pennsylvania shall have the same right to purchase all the interest or property of said company, or stock¬ holders, in and to said continued canal within the State of Maryland, as it has to purchase that portion being within the State of Pennsylva¬ nia, and the said owner or owners of said prolonged canal shall not be at liberty to refuse such offer to purchase, if made to them, under pe¬ nalty of forfeiting to this commonwealth all their interest in the said canal lying within this state, jProvided, That no purchase of said pro¬ longed canal shall be made until after the expiration of fifteen years from the completion thereof, or as mentioned in the third section of this act. Sec. 2. If at the expiration of two years after the said canal shall have been completed, the tolls should enable the company, after pay¬ ing all repairs and other expenses, to divide more than fifteen per cent, per annum on the capital stock expended, then and in such case the tolls shall be so reduced that the dividend shall not exceed fifteen per cent., and shall so continue for five years, and if after the expiration of that time they shall exceed fifteen per cent., they shall be so reduced as not to exceed fifteen per cent., and after that period shall be so re- 18 gulated from time to time as not to exceed fifteen per cent.; and if at any time after the completion of the said work, it shall be found that the nett proceeds aforesaid shall not amount to six per cent, upon the money expended, it shall be lawful to raise the said tolls so as to divide six per cent., and the said company shall pay annually into the trea¬ sury of the commonwealth, a tax of eight per centum on ail dividends which may exceed six per centum on the capital stock actually paid in. Provided, That nothing herein contained shall be construed to repeal that part of the tenth section of the act to which this is a supplement, or regulating the amount of tolls. Sec. 3. This commonwealth may exercise the right of purchase of the said canals from the said company in accordance with the provi¬ sions of the twentieth section of the act of incorporation, or in such manner as the legislature may hereafter designate. Provided, The mo¬ ney expended and the interest thereof as specified in the twentieth section of the act to which this is a supplement, is paid. And provided, That no purchase shall be made as aforesaid till after the expiration of fifteen years from the completion of the said work. Sec. 4. Tf any stockholder in said company who shall refuse to as¬ sent to the provisions of the charter as modified by this act, shall make affidavit that he subscribed for the said stock on the ground that the said canal should be constructed on the east side of the river, such sub¬ scriber shall not be held liable for payment of the balance of his sub¬ scriptions, and shall be entitled to have the money paid by him on ac¬ count of his subscriptious refunded by the said company. Provided, Such affidavit be made and forwarded to the treasurer of the company within three months from the passage of this act. Sec. 5. The said Susquehanna Canal Company shall at all times keep an out lock at or near Havre de Grace in complete order and re¬ pair, through which an easy and free passage may be had for boats from the said canal to the Chesapeake bay, and no tolls shall he charg¬ ed by the said company on any ark, raft boat or other craft, or its car¬ go, ascending or descending the said lock, for the use thereof. And the said company shall connect their said canal with the Conestoga navi¬ gation so as to secure a safe and easy passage from the one to the other, and shall keep the same in repair. Provided, That the Conestoga na¬ vigation company shall put and keep the said navigation in good repair and such condition as to admit of the easy ascent and descent of canal boats and other craft, to and from the city of Lancaster. And provided, That no dam shall be made in the river, in forming such connection, exceeding three feet in height, and the same shall be sloped and a schute formed in the said dam in the same manner, and of the same dimensions as is herein directed with respect to the Columbia dam. Sec. 6. And provided, That any rights, privileges or property, which William Wright may have conferred upon him by virtue of an act of assembly, passed the eleventh day of February, one thousand eight hundred and three, entitled "an act authorising William Wright to lead off and use part of the waters of the Susquehanna on his own land in York county, if injured or interrupted by the location or construction of the dam or canals hereby authorised, any damage which may be sustained by him in consequence thereof shall be ascertained and de¬ termined as directed by the eighth section of the act to which this is a supplement in other cases of damage. 19 AN ACT To declare Wooden Bridge Creek, in Bedford County, a public highway, and for other purposes. Section 32. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met and it is hereby enacted by the authority of the same, That the Board of Mana¬ gers of the Susquehanna Canal Company, incorporated by the act to which this is a supplement, shall have power to fill vacancies that may have occurred, or that may hereafter occur, in the said board, by death, resignation, or otherwise, by appointment, and the persons so appointed shall be members of the board till the next election by the stockholders: Provided, That not less than seven members of the board concur in such appointment; and any five members of the board, the president being one, shall form a quorum for the transaction of the usual business thereof, and that the tolls charged for the transporta¬ tion of lime, limestone, marl, or other minerals or manures, shall be subject to the same rule as those charged upon coal, iron and lumber; and if the president and directors of the Tide Water Canal Company of Maryland, shall cause the capital stock of the said company to be increased, that in that event the president and managers of the said Susquehanna Canal Company, shall have authority to subscribe and pay for the same, or any part thereof, in such manner and form as may be authorised and required by law. Approved—The sixteenth day of April, 1838. [Page 592, pamphlet laws of Pennsylvania of 1837-8.]' AN ACT Authorising the Commissioners of Bedford County to borrow a sum of money, and for other purposes. Section 4. Be it enacted by the Senate and House of Représenta- tives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That the president and managers of the Susquehanna Canal Company may borrow mo¬ ney for the purposes of the company, for such periods as they may deem necessary, and pledge or mortgage the works and property of the company for securing the payment of the principal and interest thereof, at the times and places which shall be agreed upon and stipu¬ lated for the payment of the same. Approved—The twenty-fifth day of January, 1838. [Page 8, pamphlet laws of Pennsylvania of 1837-S.] 4 30 A FURTHER SUPPLEMENT To the act entitled ilan Act to authorise the Governor to incoi poratc the Susquehanna Canal Co mpany A Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the second proviso of the fifth section of the act entitled, a supplement to the act entitled an act to authorise the Governor to incorporate the Susquehanna Ca¬ nal Company, approved the twenty-first day of March, Anno Domini, one thousand eight hundred and thirty-six, be and the same is hereby repealed: and that the time at which the State is authorised to pur¬ chase out the Canal and works of the said company, is hereby extend¬ ed to twenty-five years, and that so much of any law as authorises the State in making said purchase to deduct from the sum of principal and interest stipulated to be paid, the dividends before declared by the said company on the capital stock, be and the same is hereby repealed: Provided, however, That if the dividend so declared shall amount to or exceed six per cent, on the principal sum expended, then the State shall pay no interest: And provided further. That if the dividends so declared shall not amount to six per cent, per annum, the Common¬ wealth shall, if it purchase the said works, pay the original cost and the deficiency on said dividends, so as to give the said company six per cent, on the entire cost of said works: Provided further, That this company or any of its officers, stockholders, or agents, in the name of the company, shall be and is hereby prohibited from making, issuing, re-issuing or circulating any promissory note/ticket, or engagement of credit in the nature of a bank note, or any paper promising on its face to give in exchange any bank note or notes, goods, valuables, or credit, to the holder or holders thereof, of any amount whatsoever, under the penalty of an immediate forfeiture of all and singular the rights, bene¬ fits, privileges, and immunities, conferred upon or granted to it by this or any former act or supplement to an act. Section 2. And be it enacted, That in forming the connection of the Susquehanna Canal with the Conestoga navigation, so as to secure a safe and easy passage from the one to the other, as required by the fifth section of the act above referred to, the dam which shall be made in the river, shall not exceed five and a half feet in height, and shall be so constructed as not to injure or obstruct the descending naviga¬ tion of the river, nor impede the ascent of the fish. A sluice or schute shall be constructed in said dam in a line with the channel of the river, of not less than one hundred feet wTidth, and of sufficient length to enable craft of all kinds safely to pass the same, and such schute or sluice shall be kept in repair by the said company; and said dam shall be sloped on the lower side so as to have an ascent of not more than one foot in height for every five feet in the length of the said slope, to promote the passage of fish. And if the said company shall neglect and refuse to make and keep in repair for the descending navigation, a safe schute as aforesaid, through the said dam, they shall pay all damage which maybe sustained in consequence thereof, which damage shall be assessed by two persons, one of whom shall be chosen n by the said company, and one by the party aggrieved, and if they can¬ not agree, the said referees shall choose a third person, and the award of the majority shall be final, or may be recovered as damages are now by law recoverable in the Courts of this Commonwealth having jurisdiction thereof: Provided, That the said company shall submit the plan of the said dam to the Board of Canal Commissioners, or to an Engineer to be appointed by them for that purpose, and nothing in this act, or in the acts to which this is a supplement, shall be so construed as to permit the said company to commence the construction of said dam until the said Commissioners or Engineer so to be appointed, shall approve of the same, and shall certify to the Governor that the con¬ struction of said dam will not in any way injure or obstruct the de¬ scending navigation of the river. WILLIAM HOPKINS, Speaker of the House of Representatives. JOHN H. EWING, Speaker of the Senate pro tempore. Approved—This twenty-first day of February, Anno Domini, eigh¬ teen hundred and thirty-nine. DAVID R. PORTER. 23 LAW OF MARYLAND, PASSED AT DECEMBER SESSION, 1835. AN ACT Entitled, a supplement to an act entitled an act to incorporate the Sus¬ quehanna Canal Company, passed at December Session, eighteen hun¬ dred and twenty-Jive, chapter 200. Sec. 1. Be it enacted by the General Assembly of Maryland, That, Joseph Cushing, Nathaniel F. Williams, Samuel Jones, jr. James Bar- roll, Jos. W. Patterson, J. I. Cohen, jr. Hugh Boyle, William Bose, Joseph Todhunter, Wm. G. Harrison, Edward Coleman, Jesse R. Bur¬ den, James Hepburn, J. M. Haldeman, John C. Boyd and Simon Gratz, shall be and they are hereby appointed and constituted com¬ missioners in lieu of those named in the first section of the act to which this is a supplement. Sec. 2. And be it enacted, That all such parts of the act to which this is a supplement, as provide for or require of the said company the construction of any work within the limits of, or which require in any manner the ascent of the state of Pennsylvania, shall be and they are hereby repealed. Sec. 3. And be it enacted, That the company incorporated by the act to which this is a supplement, shall be known and designated by the name and style of the Tide Water Canal Company, and shall be authorised to construct in the first place the portion of their contem¬ plated work between the northern boundary line of the State and tide water at or near the town of Havre de Grace, and that unless so much shall have been executed within five years from and after the passage of this act, this act and the act to which it is a supplement shall be utterly void: And if the said company shall not within seven years after the passage of this act, complete the entire work from the Penn¬ sylvania line to the city of Baltimore, having completed the portion of said canal from the said boundary to tide water, the right is hereby expressly reserved to the State and to any other company which may be for that purpose incorporated, to continue the said canal and use the surplus water thereof to feed such continuation to the city of Bal¬ timore. Sec. 4. And be it enacted\ That the ninth section of the act to which this is a supplement, shall be and the same is hereby repealed. Sec. 5. And be it enacted, That before this act, or the act to which this is a supplement, shall take effect, the assent of the Susquehanna Canal Company heretofore incorporated by the act entitled an act for making the river Susquehanna navigable from the line of the State to tide water, shall in general meeting of its stockholders, to be called for that purpose, declare under its corporate seal its assent to the provi¬ sions of this act. 24 Sec. 6. And be it enacted, That the construction, use, control, repair and preservation, is hereby fully authorised, of a rail road of the width "of the Baltimore and Ohio and Columbia and Philadelphia rail road from a convenient point or points in the line of the State of Pennsyl¬ vania, bounding on Washington county in this State, to be connected with the Baltimore and Ohio rail road at or near Hagerstown or Wil- liamsport, or as near thereto as may be, if the rail road last aforesaid, shall be made through or near to the said town, or between the same and the ravine of the Potomac river; but if the Baltimore and Ohio rail road shall be constructed along the said ravine between the South Mountain and Williamsport, then to be connected with the said rail road either at or near Hagerstown or Williamsport, or between Hagers¬ town or Williamsport and the North Mountain in the ravine of said river; and like powers and privileges for the construction, control, use, repair and preservation of the rail road and the necessary appurtenan¬ ces to be made and connected within this State as aforesaid, are here¬ by granted to the State of Pennsylvania, or to such person or persons, or company, as may be appointed by the State of Pennsylvania for the purpose of constructing the rail road to be connected with the Balti¬ more and Ohio rail road as aforesaid, as those which were given to the Baltimore and Ohio rail road company, for the construction, control, use, repair and preservation of the main track or route of its rail road, and all necessary appurtenances: Provided, They shall not tap said rail road west of Hagerstown, or the canal west of Williamsport. Sec. 7. And be it enacted, That if the Baltimore and Ohio rail road company, shall agree and stipulate, that the rail road which may be constructed, as aforesaid, from the line of the State of Pennsylvania, may be connected with its main road in the manner aforementioned, and shall also agree and stipulate to extend equal facilities to those given generally on its main rail road, and to make no higher or other charges per mile, for the transportation of persons or things passing on its main rail road towards or from the rail road which shall be made from the line of the said State and connected with the said main rail road, than shall, at the same time be made or charged for the trans¬ portation of like persons or things, in the like direction, that is to say, eastwardly or westwardly respectively, when passing on the whole line or length of the rail road of the said company, so long as the charge for transporting like persons and things towards or from the Baltimore and Ohio rail road along the whole line of the rail roads constructed by authority derived from the State of Pennsylvania, on which such persons or things may be transported, shall not be less per mile, than is, at the same time, charged per mile, for the transportation of like persons and things on so much of the Baltimore and Ohio rail road as is situated eastwardly of the aforementioned point of connection with the said Baltimore and Ohio rail road, then the said Baltimore and Ohio rail road, whenever the charge for transporting like persons and things towards or from the said point of connection shall be less on the rail roads constructed by authority derived from the State of Pennsylvania, may charge for transporting persons or things, passing to or from said connecting rail road, on that portion of its rail road situated westwardly of said point of connection, on which said transportation shall occur, such rates of tolls and transportation per mile, on such persons and things, as shall enhance the aforesaid uniform charge for transporting such persons and things, per mile, westwardly or eastwardly, respec- 25 tively, as much as the rates shall have been reduced per mile below said uniform rates for transporting persons and things, when proceed¬ ing to or from the Baltimore and Ohio Tail road, on the rail roads con¬ structed by authority derived from the State of Pennsylvania, and on which such persons and things might pass either towards or from the rail road of the said Baltimore and Ohio rail road company: Provided, that the said Baltimore and Ohio rail road company shall certify its as¬ sent to the stipulation and agreement aforementioned, to the governor of this State, under its corporate seal and the signatures of its president and a majority of its directors, on or before the first day of July next. Section 8. And be it enacted, That nothing in this act contained shall be construed to revive the provisions of the 7th section of the act to which this is a supplement. Section 9. And be it enacted, That the State of Maryland is hereby authorised to take the part of the said work within the limits of Mary¬ land, at any time after twenty years from the passage of this act, upon paying the original cost of said work, with interest on the same. LAW OF MARYLAND, PASSED AT THE EXTRA SESSION, May 30, 1836. AN ACT Entitled a supplement to an act entitled, a supplement to an act to in¬ corporate the Susquehanna and Patapsco Canal Company, passsed at December session, 1825, chapter 200. S ection 1. Be it enacted by the General Assembly of Maryland, That the Tide Water Canal Company, incorporated by the act to which this is a supplement, shall be authorised to construct a canal from the north¬ ern line of the State to some point which may be determined upon, at or near the town of Havre de Grace, on the Susquehanna river, and to connect the said canal with the canal authorised to be constructed by the Susquehanna Canal Company of Pennsylvania, upon such terms, and subject to such stipulations and covenants as may be agreed upon between the two companies; and the canal hereby authorised shall be of at least equal size, dimensions and capacity in every respect, and shall be constructed upon a plan not inferior to that of the said Penn¬ sylvania Canal. Provided, That this act shall be void if the said canal shall not be completed within seven years from the passage of this act. Section 2. And be it enacted, That the capital stock of the said com¬ pany shall be six hundred thousand dollars, in shares of fifty dollars each, and whenever eight thousand shares of the said stock shall have been subscribed, then the said subscribers and stockholders and their successors shall be, and they are hereby incorporated by the name of the "Tide Water Canal Company," under the provisions of the act to 26 which this is a supplement, and the act to incorporate the Susquehanna and Patapsco Canal Company, so far as the same may be applicable and necessary to the organization and management of the said compa¬ ny, and the prosecution of the said work. Section 3. And be it enacted, That the president and directors shall have power to call in the money subscribed in such instalments and at such times as the prosecution of the work shall, in their judgment, require, giving reasonable notice of the time and place of payment. Section 4. And be it enacted, That the 6th and 7th sections of the act to which this is a supplement, shall be void, if the rights and privi¬ leges granted by the State of Pennsylvania to the Susquehanna Canal Company, of said State, by an act entitled, "A supplement to the act, entitled, an act to authorise the Governor to incorporate the Susque¬ hanna Canal Company, approved the 15th day of April, Anno Domini one thousand eight hundred and thirty-five," shall be withdrawn or counteracted by the said State, or the said act be repealed. Section 5. And be it enacted, That the company incorporated by this act is hereby authorised and empowered to contract for, and purchase all or a majority, of the shares of stock of the Susquehanna Canal Company of Maryland, and all incumbrances upon said canal, and to hold the same, together with all the incidents, rights and privileges of stockholders of said company, for such price or prices as may be agreed upon with the holders thereof, or be ascertained by means of a refer¬ ence of the value thereof to disinterested persons or otherwise: And the said company hereby incorporated, is further authorised to raise money, by loan, for the payment of the purchase money that may be agreed upon for the said stock and incumbrances, or at their option to issue certificates of stock bearing an interest not exceeding five per cent, in payment thereof, redeemable at such time and in such man¬ ner as may be determined upon. And the purchase money of said stock and incumbrances, together with all expenses incurred in pro¬ curing the same, shall be taken to be, and form part and parcel of the capital stock of the said company, and payable by the stockholders as such, and the amount of the said capital stock of this company as heretofore authorised by this act, shall be enlarged by the amount of purchase money and expenses aforesaid. Section 6. And be it enacted, That the third section of the act to which this is a supplement, and the proviso of the sixth and seventh sections thereof, be and the same are hereby repealed: Provided, That the Baltimore and Ohio Rail Road Company shall assent to the stipu¬ lation and agreement contained in the seventh section thereof. 27 LAW OF MARYLAND, PASSED AT DECEMBER SESSION, 1825—Chapter 200. AN ACT To incorporate the Susquehanna and Patapsco Canal Company. Section 1. Be it enacted by the General Assembly of Ma,- Commiss'ners ryland, That William Patterson, William Lorman, John looPen books. M Kim, Solomon Etting, Charles S. Sewell, William Stew¬ art, Isaac M'Kim, George Winchester, John Hollins, John Patterson, James L. Hawkins, William Gilmor, Benjamin C. Howard, David Burke, Alexander C. Bullit, John S. Tyson, James M'Culloh and John Archer, be, and they are hereby appointed commissioners, and they, or a ma¬ jority of them, shall cause books to be opened at such times and places as they may deem advisable, for the pur¬ pose of receiying subscriptions to the capital stock of the company hereinafter incorporated; notice having been given as the said commissioners may deem expedient, of the times and places of opening the said books,, and to continue the said books open from time to time, so long and as often as they shall find necessary to complete such subscription. Section 2. And be it enacted, That the capital stock of Capital ^ the said company shall be two millions five hundred thou- ^res $ too- sand dollars, in shares of one hundred dollars each; and graduation/ the corporation of the city of Baltimore, and any other corporation or individual in this State or elsewhere, may subscribe for thç stock of the said company; and in case the said subscription shall exceed the amount required, the commissioners shall regulate the same in such manner as to effect a just apportionment of the said stock among the subscribers. Section 3. And be it enacted, That at the time of ma- Instalments, king the subscription to the capital stock hereinbefore mentioned, there shall be paid to the said commissioners upon each share, one dollar, and the residue thereof jat such times and in such manner a3 shall be prescribed by the president and directors of the company hereinafter incorporated. Section 4. And be it enacted, That whenever ten thou- Corporate sand shares of the said stock shall have been subscrib-||u crs®rant ed, then the said subscribers as stockholders shall be and are hereby declared to be incorporated and made a body politic, by the name of "The Susquehanna and Pa¬ tapsco Canal Company," for the purpose of making a canal from the city of Baltimore to York Haven, on the river 5 28 Susquehanna; and by that name shall have perpetual suc¬ cession, and have and use a common seal, and may sue and be sued as such; and shall have, use and exercise all and singular, the rights, powers, privileges and advantages in making said canal, in possessing and enjoying the same when made, and shall in all respects, so far as the same may be applicable,- have and enjoy the same chartered rights as are granted and secured to the Maryland Canal Company, incorporated by the act entitled, an act for the promotion of internal improvements. General meet- Section 5. And be it enacted, That when the said num- tiofi o"dp^esi- ^er shares shall have been subscribed, the said commis- dent and di- sioners, or a majority of them, shall call a general meeting rectors. 0f the subscribers, to be held in the city of Baltimore; and such of the said subscribers as shall be present at the said meeting, or a majority of them, shall, and they are hereby empowered to elect a president and twelve directors, to manage the affairs of the said company for one year, and until a new election of president and directors shall be had in the manner directed by the by-laws of the said company, as hereinafter provided to be made. Powers of pre- Section 6. And be it enacted, That the said president rectorsan h anc^ ^^rectors shall have power, and they are hereby au¬ thorised to provide for the appointment of all such officers, agents and servants as shall from time to time be necessa¬ ry to transact and perform the business, and to effect the objects for which the said company is incorporated; to fix their compensation, and in their discretion to remove and dismiss them, or any of them; to appoint the time and di¬ rect the manner of holding the annual election of presi¬ dent and directors; to provide for filling vacancies in their own board; to provide for calling general meetings of the stockholders; to provide the mode of transferring the stock of the company, and of furnishing evidence of the owner¬ ship of shares; and to pass all such by-laws as shall be necessary for the effectual exercise of all the powers, rights and privileges, and the discharge of all 4he duties vested in, or required of them by this charter; and the said by¬ laws lrom time to time to alter, change or repeal: Provided, That no by-law shall be made contrary to the provisions of this charter, or the constitution and laws of this State, or of the State of Pennsylvania. Subscription Section 7. And be it enacted, That whenever the go- on part of the vernor an(] council, for the time being, shall be satisfied tions. °°nC 1 that there hath been actually subscribed by bona fide and competent subscribers, such sum as, together with the sum of five hundred thousand dollars, is sufficient to make the said canal, in pursuance of the provisions of the twenty- first section of the act "for the promotion of internal im¬ provement," and of the dimensions set forth in the report of the commissioners upon the practicability and expense of a canal from the Susquehan a to. the city of Baltimore, and upon the certificate of the board of public works that the said canal is practicable; then the treasurer of the m Western Shore shall be, and he is hereby authorised and requiied to subscribe, on behalf of this State, for five thou¬ sand shares in the capital stock of the said Susquehanna and Patapsco Canal Company. Section 8. And be it enacted. That the said president Connections and directors, in constructing the said canal, shall, and saiti ca" they are hereby required to provide for a communication with the said canal, by locks or otherwise, from the river Susquehanna, at some point between the head of the tide and Havre-de-Grace, the mouth of the Conestoga, and the town of Columbia, and also at any other point they may deem conducive to the interests of said company, and bé¬ néficiai to the trade of the river. Section 9. And be it enacted, That the proprietors of Subscription the Susquehanna Canal, incorporated by the act entitled, 2*us ^ eh anna "an act for making the river Susquehanna navigable from canal compa¬ tirai line of the State to tide water," and the suppléments «y. thereto, be and they are hereby authorised to subscribe for fifteen hundred shares of the capital stock of the said Sus¬ quehanna and Patapsco Canal Company, the same to be paid by a full conveyance of their right, title, interest and estate, to, and in the said Susquehanna canal, to the presi-» dent and directors of the said Susquehanna and Patapsco Canal Company, hereby created, to be made whenver the canal contemplated by this act shall have been completed from York Haven to tide water; and thereupon all the rights, interests; claims, property and estate, together with the privileges and chartered immunities of the said Sus¬ quehanna Canal Company, shall be vested in the said pre¬ sident an^ directors of the Susquehanna and Patapsco Canal Company, in as full and ample a manner as the same are now held, enjoyed, and possessed by the said Susquehanna Canal Company, by virtue of the original act of incorporation and supplements thereto. Section 10. And be it enacted, That the subscription Assent of herein authorised on the part of this State, shall not be J^I^%clVailia made until the State of Pennsylvania shall assent to and rcquli confirm this charter, so that the same may have full effect and operation within the limits of that State. Section 11. And be it enacted, That the State of Penn- Pennsylvania sylvania, or any company which may be for that purpose authorised to incorporated by the said State, shall be, and is hereby au- ™ *al |f!eiaj thorised and empowered to take and continue a lateral canal or canals, or a railway, from any point or points within the territory of the said State, to connect with the Chesapeake and Ohio canal within the territory of this State, upon the same terms and conditions, and with all the rights, privileges and powers of every kind whatsoever, that have been granted to the Chesapeake and Ohio Canal Company: Provided, That the State of Pennsylvania shall Proviso, within three years from and after the passage of this act, assent to and confirm this charter, so that the same may have full effect and operation within the limits of that State. 30 Corporation Section 12. And be it enacted, That the mayor and city may subscribecounc^ Baltimore shall be, and they are hereby au- —borrow mo- thorised to subscribe for as many shares as they may think ney, &c. proper, in the stock of the said Susquehanna and Patapsco Canal Company, and in the Chesapeake and Ohio Canal Company, and also in the Maryland Canal Company, in¬ corporated by the act for the promotion of internal im¬ provement; and may borrow money upon the credit of the corporation, or issue certificates of stock for the mo¬ ney necessary to be raised to pay for such canal stock, iii such manner and upon such terms as shall to them seem most advisable; and it shall be lawful for any of the banks in this State to purchase, hold and dispose of any such stock, or make any such loans. Copy to be Section 13. And be it enacted, That the governor and forwarded, council be, and they are hereby requested to forward a copy of this act, without delay, to the governoi of Penn¬ sylvania. LAW OF MARYLAND, PASSED AT DECEMBER SESSION, 1825—Chapter 180. AN ACT For the promotion of Internal Improvement. Commiss'ncrs Section 1. Be it enacted by the General Assembly of Ma- W°P8ubscrik- ry^an^-> That so soon as the board of public works of this tion. State shall, by actual survey, have ascertained and report¬ ed to the governor and council, the practicability of exca¬ vating a canal as hereinafter described, from some conve¬ nient point on the Potomac river, intersecting or continuing the Chesapeake and Ohio canal, to the city of Baltimore, there shall be appointed by the governor and council, three commissioners, who shall cause books to be opened at such times and places as may be determined on fiy the board of public works, for the purpose of receiving subscriptions to the capital stock of the company hereinafter incorporated; which subscriptions may be made either in person or by power of attorney, notice having been previously given, in such manner as the said board of public works may deem expedient, of the times and places of opening the said books. 31 Section And be it enacted, That the said commis- General meet- sioners shall cause the books to be kept open at least twenty days, and within twenty days after the expiration thereof—pro- thereof, shall call a geneial meeting of the subscribers at ceed'g-s therc- the city of Baltimore, of which meeting notice shall be ai; 1 Vturr.\bs* .J . . 3 . . ° . . . of subscribers given by the said commissioners, or a majority of them, —reduction if in two newspapers printed in the city of Baltimore, one in exc-^ss. sub" Annapolis, one in Easton, one in Frederick, one in Ha-Scrl e gerstown, one in Elkton, one in Rockville, one in Belle Air, and one in Cumberland, at least twenty days next before the said meeting, and such meeting may be con¬ tinued from day to day until the business is finished, and the commissioners at the time and place aforesaid, shall lay before such of the subscribers as shall meet according %! O to the said notice, the book containing the state of the said subscriptions, and if the amount estimated by the said board of public works to be adequate to the excavation of the said canal and of the feeders which may be found re¬ quisite, and to the erection of locks, culverts, aqueducts and other works and buildings necessary and suitably ap¬ pertaining to the said canal, and to the payment of all in¬ cidental charges, should appear not to have been subscrib¬ ed, then the said commissioners or a majority of them at the said meeting, are empowered to take and receive sub¬ scriptions to make up the deficiency, and may continue to takç and receive such subscriptions at such time or times, place or places, as the board of public works may direct, and a true and correct list of all the subscribers, with the sum subscribed by each, shall be made out and returned by the said commissioners or a majority of them, under their hands, to the board of public works, and to the go¬ vernor and council, to be by them respectively carefully preserved; and in case a sum shalf be subscribed larger than shall, as aforesaid, be estimated by the boaid of pub¬ lic works to be adequate to the execution of the work, then the sum subscribed shall be reduced to the amount of that estimate, by the said commissioners, or a majority of them, by beginning at, and striking off a share from the largest subscription or subscriptions, that of the State always except¬ ed, and continuing to strike off a share from all subscriptions under the largest and above one share, until the same is re¬ duced to the amount required, or until a share is taken from all subscriptions above one share, and lots shall be drawn between subscribers of equal sums, to determine the num¬ ber of shares which each subscriber shall be allowed to hold on a list to be made for striking off as aforesaid; and if the sum subscribed shall still exceed the amount of such esti¬ mate or sum required, then to strike off by the same rule, until the sum subscribed is reduced to the capital aforesaid, or all the subscriptions reduced to one share respectively; and if* there still be an excess, then lots shall be drawn to determine the subscribers who are to be excluded, in order to reduce the subscription to the aforesaid amount of such estimate or sum required, which striking off shall be certi- m Capital stock; fied on the lists aforesaid: and the capital stock of the shares $ ioo company hereby incorporated shall consist of the amount etU u which may as aforesaid, by the board of public works, be estimated to be necessary for the execution of the works hereinbefore mentioned; and shall be divided into shares of one hundred dollars each, of which every person sub¬ scribing may take and subscribe for one or moue whole shares, to be paid in the legal currency of the United Proviso. States: Provided, That unless one-half of the amount of the aforesaid estimate shall be subscribed as aforesaid, all of the said subscriptions shall be void, and in case one-half and less than the whole capital shall be subscribed as afore¬ said, then the commissioners, or a majority of them, are hereby empowered and directed to take and receive the subscriptions which shall first be offered in whole shaies as aforesaid, until the deficiency shall be made up, certi- Additional ficates of which additional subscription shall be made un- subscription3. (jer the hands of said commissioners, or a majority of them for the time being, and returned as aforesaid to the board of public works, and to the governor and council. Corporate Section 3. And be it enacted, That whenever one-half powers grant or a greater part of the said stock shall have been sub- ecL scribed in the manner aforesaid, then the subscribers, their heirs and assigns shall be and are hereby declared to be incorporated into a company by the name of the Maryland Canal Company, and may sue and be sued as siichr, and as such shall have perpetual succession and a common seal, and it shall thereupon be the duty of the said commission- General meet- ers> or a majority of them, to call a general meeting of the ing called, subscribers, as they or a majority of them shall appoint, after advertising the same in such public prints, as they or a majority of them may think proper, and such of the said subscribers as shall be present at the said meeting, or a majority of them, are hereby empowered and required to Elect presi- elect a president and six directors for conducting the said dent and six undertaking and managing all the said company's business directors. an(| concerns for and during such time, not exceeding three years, as the said subscribers or a majority of them shall think fit, and in counting the votes of all general meetings of the said company, each member shall be al- Yotes g radu- lowed one vote for every share as far as ten shares, and a ted—proxy. one vote for every ten shares above ten, by him or her held at the time, in the stock of the said company, and any proprietor by writing under his or her hand, executed before two witnesses, may depute any other member or proprietor to vote and act as proxy for him or her. at any Provisoes. general meeting: Provided also, That no officer or director of said company shall be allowed to vote on any stock but his own: And provided also, That nothing herein contained shall be construed to prevent any person or persons, who may from time to time be by law appointed, from voting at any general meeting on any stock which may be held by the State. 33 Section 4. And he it enacted, That the said president Powers of pre- and directors, and their successors, or a majority of them «dent and di- • • recto rs assembled, shall have full power and authority to appoint., and at their pleasure dismiss, such engineer or engineers, and agent or agents, as they may deem expedient, and to fix their compensation, and to agree with any person or persons on behalf of the said company, to cut canals, erect dams, open feeders, construct locks, and perform such other works as they shall judge necessary and expedient, for completing a canal from the termination or other point on the Chesapeake and Ohio Canal, to be determined as aforesaid by the board of public works, to the city of Bal¬ timore; and out of the money arising from the subscrip¬ tions and tolls, to pay for the same, and to repair and keep in order the said canal, locks and other works necessary thereto, and to defray all incidental charges, and also to appoint a treasurer, clerk and other officers, toll gatherers, managers and servants, as the/shall judge requisite, and to agree for and settle their respective wages or allow¬ ances, and to settle, pass and sign their accounts, and also to make and establish rules of proceeding, and to transact all other business and concerns of the said company, in and during the intervals between the general meetings of the same; and they shall be allowed as a compensation for their trouble therein, such sum of money as shall by a general meeting of the stockholders be determined: Pro- Proviso. vided always That the treasurer shall give bond in such penalty and with such security as the said president and directors or a majority of them shall direct, for the true and faithful discharge of the trust reposed in him; and that the allowance to be made him for his services shall not exceed three dollars in the hundred, for the disburse¬ ments by him made, and that no officer in the company shall have any vote in the settlement or payment of his own account Section 5. And he it enacted, That on all subscriptions, Payment of except such as shall be made on behalf of the State, there instalments shall be paid at the time of the subscription on each share reffulated* one dollar; and thereafter when the company shall be formed, the stock subscribed shall be paid as well by the State as by other subscribers, On such instalments, and at such times as the president and directors shall from time to time require, as the work advances: Provided, That not Proviso, more than one third part shall be demanded within any one year from 4he commencement of the work; nor any payment demanded until at least sixty days public notice thereof shall have been given in such public newspapers as the said president and directors shall direct such no¬ tices to be published in; and whenever any subscriber shall fail to pay any instalment called for by the company,Failuretopay. it shall and may be lawful for the company, upon motion to be made in any court of record, after ten days notice, to obtain a judgment against the subscriber so failing to pay ; or the said company at their option may sell the stock 34 of such subscriber, after giving sixty days notice in such public newspapers printed within this state, as they may judge proper; and if the proceeds of any such sale shall exceed the sum demanded, the surplus, after paying the expenses of such sale, shall be paid to the subscriber so failing, or to his legal representatives; and the purchaser at such sale shall become a stockholder, and be subject to the same rules and regulations, and entitled to the same privileges, rights and emoluments, as original subscribers under this act. Future elcc- Section (5. And, To continue the succession of the said tiunsof PrcJj~ president and directors, and to keep up the said number, rectors.'1 1 Beit enacted, That from time to time, upon the expiration of the said term, for which the said president and direc¬ tors were appointed, the stockholders of the said company at their next general meeting shall either continue the said president and directors, or any of them, or choose others in their stead: (and until such choice be made, the presi¬ dent and directors for the time being, shall continue in Yacanoie3. office;) and in case of the death, removal, resignation or incapability of the president or any of the directors, may and shall in manner aforesaid, elect any other person or persons to be president and directors in the room of him or them so dying, removing or resigning; and may at any of their general meetings, remove the president or any of the directors, and appoint others for and during the remain¬ der of the term for which such person or persons were at first to have acted. Oath. Section 7 And be it enacted, That every president and director, before he acts as such, shall take an oath or af¬ firmation for the due execution of his office. Annual g-ene- Section 8 . And be it enacted, That the presence, in ral meeting-, person or proxy, of the stockholders having a major part tecL con&tllu~ of the stock at least, shall be necessary to constitute a ge¬ neral meeting of the stockholders, which shall be held on the first Monday in August in every year, at such conve¬ nient town or place as shall be from time to time appoint¬ ed, by the said general meetings; but if a sufficient num¬ ber shall not attend on that day, the stockholders who do attend may adjourn from time to time, until the stockhold¬ ers holding the major part of the stock do attend, and the business of the company is finished; to which meeting the Directors to president and directors shall make report, and render dis- reportthereto, tinct accounts of all their proceedings; and on finding them fairly and justly stated, the stockholders then pre¬ sent, or a majority of them, shall give a certificate thereof, a duplicate of which shall be entered on the company's books; and at such yearly general meetings, after leaving in the hands of the treasurer such sums as the stockhold¬ ers, or a majority of them, shall judge necessary, for repairs and contingent charges, an equal dividend of all the nett profits arising from the tolls hereby granted, shall be or¬ dered and made to, and among all the stockholders of the said company in proportion to their several shares, subject Certificate. Dividends. 35 to the provisions and enactments hereinafter declared; and upon any emergency in the interval between the said year¬ ly meetings, the said president, or a majority of the said directors, may appoint a general meeting of the stock- Extra g-eneral holders of the company at any convenient town or place, meetm£s- givingat least one month's previous notice, in such news¬ papers printed in this state as they shall think proper; which meeting may be adjourned and continued as afore¬ said; and in case the stockholders, or a majority of them, in any general meeting aforesaid, shall deem it expedient to order a semi-annual, rather than a yearlydividend as aforesaid, then in like manner, with like notice, and under the like restrictions, there shall be a half yearly or semi-Semi-annual annual dividend of nett profits declared and paid. amaena. Section 9. And be it enacted, That for and in consi- Property vest- deration of the expenses the said stockholders will be at, ed—powers to in cutting the said canal, erecting locks and dams, provid- evy ° s* ing aqueducts, feeders and other works, and in improving and keeping the same in repair, the said canal and all other works aforesaid, or which may be required to improve the navigation thereof, at any time thereafter, with all their profits, subject to the limitations herein provided, shall be and the same are hereby vested in the said stockholders, their executors, administrators and assigns forever, as tenants in common, in proportion to their respective shares: and that it shall and may be lawful for the said president and directors at all times forever thereafter, to demand and receive, at such places as shall hereafter be appointed by the president and directors aforesaid, tolls for the passage of vessels, boats, rafts, produce and all other articles, at such rates as the said president and directors may hereafter allow and establish, according to the provi¬ sions of this act. Section 10. And be it enacted, That if the commission-Vacancy of * 9 ers or any of them hereby required to be appointed, shallcommlss ner* die, resign, or refuse to act, the vacancy occasioned there¬ by shall be filled by a person or persons appointed by the governor and council, and the person or persons so ap¬ pointed, shall have all the power and authority which was vested in the commissioners whose place he or they may be appointed to supply, and when any part of the canal aforesaid shall have been completed according to the true intent and meaning of this act, the president and directors of the company hereby created shall have power, and it shall be their duty to ordain and establish a rate of tolls topped rate of be paid upon boats, vessels, rafts or other property passing tolls and col¬ on the part of the canal so completed, and so from time Qf^tion there" to time, as a part or parts shall be completed, until the en¬ tire canal shall have been finished, according to the true intent and meaning of this act; for the collection of which tolls, the president and diiectors shall have power to es¬ tablish so many toll houses, and at their pleasure appoint and remove so many collectors, and at such places, as from time to time they may judge expedient, and the said 6 36 president and directors shall have full authority, subject to the direction and control of a majority in interest of the stockholders represented in any general meeting, to regu¬ late and fix a tariff of tolls, not exceeding an average of two cents per ton per mile; and so to adjust the said tolls, in relation to the capacity or burthen of the boats, and the dimensions of the rafts, passing the locks of the said ca¬ nal, as to promote economy of water and time in the navi¬ gation thereof. Dividends. Section 11. And be it enacted, That the president and directors shall annually or semi-annually, declare and make such dividend of the nett profits, from the tolls to be received, according to the provisions of this act, and from the other resources of the company, as they may deem advisable, after deducting therefrom the necessary current and the probable contingent expenses, to be divid¬ ed among the proprietors of the stock of the said compa¬ ny, in proportion to their respective shares, until the an- Limitand re- nual dividend thereon shall have reached twenty per cent, gulation. beyond which it shall never extend; but should the nett revenue of the company exceed that amount, for any two years in succession, then such excess shall be applied by the president and directors, in such mode as shall be agreed on by a majority of the stockholders convened in general meeting, to strengthening, improving and extending the works of the canal, of every description requiring the same; and should the said tolls continue, after all such impiovements have been completed, to neft more than twenty per cent, per annum to the stockholders for any two years in succession, the tolls upon the same shall be reduced by the president and directors, according to some just and equitable ratio, till the said dividend shall fall'to Proviso. twenty per cent, per annum: Provided, That should the said dividend thereafter sink below twenty per cent, per annum, the said tolls or part thereof may be renewed, till the said dividend reaches that amount. Public high- Section 12. And be it enacted, That the said canal, and fromTa^&c* works to be erected thereon in virtue of this act, when ' completed, shall forever thereafter be esteemed and taken to be navigable as a public highway, free for the transpor¬ tation of all goods, commodities and produce whatever, on payment of the tolls to be imposed as provided by this act, and no other toll or tax whatever for the use of the said canal, and the works thereon erected shall at any time hereafter be imposed unless under sanction of a law of this state. Method of ob- Section 13. And be it enacted, That it shall and may be toiniami,ri£c! tawfal f°r president and directors, or a majority of requisite for them, to agree with the owners of any land through canal. or on which it is intended that the said canal or any of the works thereunto appertaining, shall pass orbe situated, for the purchase or use and occupation thereof, and in case of disagreement, or in case the owner thereof shall be a feme covert, under age, non-compos, or out of the 37 state or county, on application to a justice of the peace of the county in which such land shall be, the said justice of the peace shall issue his warrant under his hand and seal, to the sheriff of the county, to summon a jury of eighteen inhabitants of his county, not related to the paities, nor in any mariner interested, to meet on the land to be valued, at a day to be expressed in the warrant, not less than ten, nor more than twenty days thereafter; and the sheriff, upon receiving the said warrant, shall forthwith summon the said jury; and when met, shall administer an oath or affirmation to every juryman who shall appear, being not less than twelve in number, that he will faithfully, justly and impaitially value the land and all damages the ow¬ ner thereof shall sustain by cutting the canal through such land, or the use or occupation for the purposes and period necessary, of such land, according to the best of his skill and judgment; and that in such valuation, he will not spare any person for favor or affection, nor any person grieve for malice, hatred or ill will; and in every such valuation and assessment of damages, the jury shall be, and they are hereby instructed to consider in determining and fixing the amount thereof, the actual benefit which will accrue to the owner, from conducting the said canal through, or erecting any of the said works upon his land, and to regulate their verdict thereby, except that no as¬ sessment shall require any such owner to pay or contribute any thing to the said company, where such benefit shall exceed, in the estimate of the jury, the value and dama¬ ges ascertained as aforesaid; and the inquisition thereupon taken, shall be signed by the sheriff and some twelve or more of the jury, and returned by the sheriff to the clerk of his county, and unless good cause be shewn against the said inquisition, it shall be affirmed by the court and re¬ corded; hut if the said inquisition should be set aside, or if from any cause no inquisition shall be returned to such court within a reasonable time, the said court may at its discretion as often as may be necessary, direct another in¬ quisition to be taken in the manner above prescribed, and upon every such valuation, the jury is hereby directed to describe and ascertain the bounds of the land by them valued, and the quantity and duration of the interest and estate in the same, required by the said company for its use, and their valuation shall be conclusive upon all per¬ sons, and shall be paid by the said president and directors to the owner of the land, or his legal representatives; and on payment thereof, the said company shall be seized of such land, as of an absolute estate in perpetuity, or with such less quantity and duration of interest in the same, or subject to such partial or temporary use or occupation as shall be required and described as aforesaid, as if convey¬ ed by the owner of them, and whenever in the construc¬ tion of the said canal or any of the works thereof, locks, dams, ponds, feeders, tunnels, aqueducts, bridges or works of any other description whatsoever appertinent thereto, 38 it shall be necessary to use earth, timber, stone or gravel, or any other material to be found on any of the lands ad¬ jacent or near thereto, and the said president and directors, or their agent cannot procure the same for the works aforesaid, by private contract of the proprietor or owner, or in case the owner should be a feme covert, or non-com¬ pos, or under age, or out of the state or county; the same proceedings, in all respects shall be had, as in the case before mentioned of the assessment and condemnation of the lands for the said canal or the works appertinent thereto. Dimensions, Section 14. JJnd be it enacted, That it shall be the duty &c. of canal 0f the company hereby incorporated, to cut, make and wastewater-construct the said canal, with good and sufficient locks, on towing-path, the most improved plan for expedition in the use thereof, and with a width of not less than forty feet at the surface of the water therein, or of twenty-eight feet at the bottom thereof, unless the quality of the soil shall require a nar¬ row base, to admit of a sufficient slope to preserve the banks from sliding down, and sufficient to admit at all sea¬ sons, the navigation of boats and rafts, with a depth of four feet water at the least; and wherever wastes shall be essential to the security of the said canal, and in no ether situation whatever along the same, the waste water of the said canal may be from time to time sold or disposed of by the said company, for the purpose of supplying such works and machinery as require a water power; and along one side at least of the said canal and such aqueducts as it may render necessary, there shall be provided through¬ out its whole extent, a towing path of sufficient breadth to apply the power of horses to the navigation thereof. Method of Section 15. JJnd be it enacted, That it shall and maybe taring lawful for any of the said stockholders to transfer his or * her shares by deed executed before two witnesses, and registered after the proof of the execution thereof in the company's books, and not otherwise, unless by testament or last will; which testament or last will shall also be ex¬ hibited to the president and directors, or a copy thereof authenticated according to law, and registered in the com¬ pany's books, before the person or persons claiming under or by virtue thereof, shall be entitled to draw any part of Proviso. the profits from the said tolls or dividends: Provided, That no transfer shall be made, except for one or more whole shares, and not for part of such share or shares, and that no share or shaies shall at any time be sold, conveyed or held in trust for the use and benefit or in the name of another, whereby the said president and directors, or the stockholders of the said company, or any of them, shall or may be challenged or made to answer concerning any such trust, but that every person appearing as aforesaid to be a stockholder, shall as to the others of the said company, be to every intent taken absolutely as such; but as between any trustee, and the person for whose benefit any trust shall be created, the common remedy may be pursued. 39 Section 16. And be it enacted, That if the capital Increase ofca- aforesaid shall prove insufficient, it shall and may be pita.1 author»- ccl rcffulsi" lawful for the said company from time to time to increase tions. the said capital, by the addition of so many whole shares as shall be judged necessary by the said stockholders or a majority of them present at any general meeting of the said company; and the said president and directors, or a majority of them, are hereby empowered and required, after giving at least two months' previous notice thereof, in such newspapers printed in this State, as they may think proper, to open books at such cities, towns and other pla¬ ces, as they shall think proper, for receiving such addi¬ tional subscriptions, in which the stockholders of the said company, for the time being, shall, and are hereby de¬ clared to have the preference of all others, for the first thirty days after said books shall be opened as aforesaid, of taking and subscribing for so many whole shares as any of them shall choose; and the said president and directors are hereby required to observe in all other respects the same rules therein as are by this act prescribed for receiv¬ ing and adjusting the first subscriptions, and in like man¬ ner to return under the hands of any three or more of them, an exact list of such additional subscriptions, with the same subscribed, to the goveinor and council and to the board of public works, to be by them preserved as aforesaid, and all stockholders of such additional shares, shall, and are hereby declared to be, from thence forward, incorporated into the said company. Section 17. And be it enacted, That whenever it shall may proceed! become necessary to subject the lands of any individual ^h°for ^on¬ to the purposes provided for in this act, and their consent sent of own- cannot be obtained, it shall and may be lawful for the com- ers- pany to enter upon such lands, and proceed to the execu¬ tion of such works as may be requisite; and that the pen¬ dency of any proceedings in any suit in the nature of a writ of ad quod damnum, or any other proceedings, shall not hinder or delay the progress of the work, and it shall be the duty of every court to give precedqpce to contro- Precedence in versies which may arise between the company created by trial.ofcontro" this act, and the proprietors of land sought to be condemn- versies# ed for public uses, and to determine them in preference to all other causes. Section 18. And be it enacted, That the right to take a Rig-ht reserr- canal or canals from any part of the above named canal, e That the dividends and Sinking- fund other emoluments which may from time to time accrue to Provide(i- the State from the various investments hereby authorised, and from the road stock now belonging to the State, shall be, and the same are hereby pledged and set apart as a 42 sinking fund, under the management of the board of pub¬ lic works, in the first place to pay and discharge the pub¬ lic debt incurred by the subscriptions hereinbefore au¬ thorised. A SUPPLEMENT To the charier of the Tide Water Canal Company. [PASSED MARCH 16, 1838—Chapter 171.] Be it enacted by the General Assembly of Maryland, That the right of appeal and removal and cause of procedure consequent thereon, secured to the Baltimore and Port Deposite Rail Road Company, by the act of eighteen hundred and thirty-five, chapter three hundred and twenty-seven, shall be extended and secured to the Tide Water Canal Company, upon the finding a return of any inquisition taken under its charter or affecting the construction or reparation of sa d canal. EXTRACT From the Law of Maryland, Chapter 327. [PASSED AT DECEMBER SESSION, 1835.] Section 3. And be it enacted, That either party shall have the same privilege of removing the case of such appeal for trial to an adjoining county, as is now allowed in civil cases in county courts, and upon the same conditions; the president, or any director, or any officer or agent of the corporation, making the required affidavit or affirmation where the corporation shall apply for the removal. AN ACT Supplementary to the act incorporating the Tide Water Canal Company, passed at December session 1835, chapter 340. [PASSED MARCH 21, 1838—Chapter 223.] Be it enacted by the General Assembly of Maryland, That the presi¬ dent and directors of the Tide Water Canal Company be, and they are hereby authorised to increase the capital stock of said company 43 one million of dollars, by additional subscriptions thereto, or to borrow that or any less sum which they may deem necessary for the purposes thereof, and receive and take in payment of such subscriptions, or as money, in negotiating said loan, the bonds or funded debt of the State of Maryland, or of the Mayor and City Council of Baltimore, or stocks of any of the Corporations of this State, at such rates as may be agreed on between the holders thereof and the said Tide Water Canal Company. AN ACT For making the river Susquehanna navigable from the line of this state to tide water. [PASSED AT NOVEMBER SESSION, 1783.] Whereas Samuel Hughes, William Augustine Washington, Cle¬ ment Hollyday, Nathaniel Ramsay, William Smith, William Goodwin, Samuel Smith, Archibald M'Calister, Robert Ballard, Thomas Russell, Daniel Bowley, William Neill, Charles Ridgely, John Eager Howard, Samuel and Robert Purviance, George Leggett, Robert Young Stokes, Benedict Edward Hall, William Smith, Aquila Hall, John Church¬ man, Daniel Durbin, James White Halls, Francis Holland, Gabriel Christie, Ridley and Pringle, Thomas Peters, Richard Ridgely, John Davidson, Wallace, Johnson and Muir, Josias Carvil Hall, Richard Potts, Daniel Hughes, Jeremiah Townley Chase, John Rogers, Charles Carroll, of Cârrollton, Edward Lloyd, James Murray, Otho Holland Williams, and Henry Lee, jr., actuated by very laudable motives, have undertaken to render the river Susquehanna navigable from the line of this state to tide water, and have subscribed the sum of eigh¬ teen thousand five hundred pounds current money of Maryland, and obliged themselves to raise by subscription, the further sum of one thousand five hundred pounds current money aforesaid, to be applied to that purpose; and this general assembly being strongly impressed with the general utility of the said undertaking, and the beneficial consequences that will be derived from the accomplishment thereof to the inhabitants of this state, by extending the trade thereof; and being willing to give the said undertakers every proper encouragement and support; Section 2. Be it enacted by the General Assembly of Maryland, That the said Samuel Hughes, William Augustine Washington, Cle¬ ment Hollyday, Nathaniel Ramsay, William Smith, William Goodwin, Samuel Smith, Archibald M'Calister, Robert Ballard, Thomas Russell, Daniel Bowley, William Neill, Charles Ridgely, John Eager Howard, Samuel and Robert Purviance, George Leggett, Robert Young Stokes, Benedict Edward Hall, William Smith, Aquila Hall, John Church- 7 44 man, Daniel Durbin, James White Hall, Francis Holland, Gabriel Christie, Ridley and Pringle, Thomas Peters, Richard Ridgely, John Davidson, Wallace, Johnson and Muir, Josias Carvil Hall, Richard Potts, Daniel Hughes, Jeremiah Townley Chase, John Rogers, Charles Carroll, of Carrollton, Edward Lloyd, James Murray, GI ho Holland Williams, and Henry Lee, jr., be and they are hereby incorporated and made a body politic, for the purposes hereinafter declared: and the said body politic shall be known and distinguished by the appellation of the Proprietors of the Susquehanna Canal; and the said incorporate body shall be able and capable to sue and be sued, in and by the name of the Proprietors of the Susquehanna Canal, and shall have full and ample power and authority to do, perform and execute, all and every matter and thing which any corporation may, or rightfully can do, [and shall have succession for ever,*] and to that end, and for perpetuating the said incorporate body, the heirs, devisees, legal representatives, and the assignees of the individual members thereof, [ad infinitum,*] shall be and are hereby declared to be members. Section 3. And be it enacted, That the said corporation shall meet on the third Tuesday in February, in the year of our Lord one thou¬ sand seven hundred and eighty-four, [at Havre-de-Grace,* J and when and as often thereafter as the said corporation may adjudge convenient and necessary; and the said corporation, or a majority of them, when they first assemble, shall elect out of the me.mbers of the said corpora¬ tion, a governor and three dilectors, a treasurer and secretary, for the year. Section 4. And be it enacted, That it shall and may be lawful for the said corporation, or a majority of them, to cut and take out a ca¬ nal at Love Island, and continue the same to tide water in Susquehan¬ na river, and make the said canal not less than thirty feet wide, and three feet deep, with a sufficient number of locks large enough to ad¬ mit of a passage for boats of eighty feet keel, and twelve feet beam, and that the said canal, when completed, shall be kept in good repair by the said corporation, for the use of the public. Section 5. And be it enacted, That the said corporation shall expend the sum of twenty thousand pounds current money of Maryland, in cutting, making and completing the said canal, with a sufficient num¬ ber of locks, in manner aforesaid, and that the said sum shall be divi¬ ded into twenty shares and raised by subscription, but no person shall be allowed to subscribe more than one share, nor less than one fifth of a share. Section 6, And, whereas it is necessary for the making the said canal, and erecting grist-mills and other water-works thereon, that a provision should be made for condemning a quantity of land, not ex¬ ceeding two hundred acres, Be it enacted, That it shall and may be lawful for the said corporation, or a majority of them, to agree with the owners of the lands through which the said canal may pass, and the owners of the lands adjoining thereto, for the purchase thereof; and in case it should so happen that the corporation and owners of the said land, or any of them, could not agree on the value of the same, that then it shall be lawful for the said corporation to apply to any two of the justices of the peace for the county of Caecil, to cause the sheriff of said county to summon a jury of twelve honest and lawful men of his county, to meet on the land to be valued; and the said «— \ ^Repealed. 45 justices are hereby empowered and required, on such application being made to them as aforesaid, to issue their warrant, under their hands and seals, diiected to the sheriff of their county, requiring and com¬ manding him to summon twelve honest and lawful men of his baili¬ wick, who shall stand indifferent between the said parties, to meet on the land to be valued, describing the same in their warrant; and the said sheriff, upon receiving the said warrant, shall immediately com¬ ply therewith; and the jury, when met together on the land, shall take the following oath or affirmation, to be administered by the said sheriff to each of them separately, to wit: "You, , do swear, or solemnly affirm, that you will make a just, true and honest valuation of this land, and of all damages that shall be sustained by the proprietors of the land through which the aforesaid canal shall pass by means of said canal, (mentioning the same as described in the warrant,) accord¬ ing to the best of your skill and judgment;" and the said jury shall then proceed to inquire into and ascertain the value of the said land and damages, as aforesaid, and the inquisition so made and taken shall be signed by the sheriff and the jury, and returned by the sheriff to the clerk of Ctecil county court, and be by him filed and recorded among the records of said court; and the valuation so made by the jury shall be binding and conclusive on all parties, and shall be paid by the said corporation to the owner of the land, or his legal representative, as a full recompense therefor; and the said corporation, on payment of the said money, shall have as good, sure and indefeasible title in fee sim¬ ple to said land, as if the same had been conveyed by the owner to the said corporation and their successors, by fine, feoffment, deed of bar¬ gain and sale, or any other mode of conveyance. Section 7. Provided always, and be it enacted and declared, That not more than two hundred acres of land, in the whole, shall be condemn¬ ed for the purposes aforesaid. Section 8. And, whereas the said corporation incur a very great ex¬ pense, and run a great risk of sinking their subscription money in case the said scheme should fail, Be it therefore enacted, That the said cor¬ poration, after they have completed the said canal, shall have an ex¬ clusive right thereto, with full power of erecting grist mills and other water-works thereon, [and no other canal shall be cut, or the water drawn off between the line of Pennsylvania and tide water,#] to the injury of the navigation of the said canal, or the water-works afore¬ said erected thereon, and that the said corporation shall have full pow¬ er and authority to use the waters of the said river for the purpose of supplying the said canal, and the water-works aforesaid erected there¬ on, with water. Section 9. And be it enacted, That the said corporation shall have a power over the waters of the said river, for the purposes of supply¬ ing their said canal and the water-works aforesaid erected thereon, with water, [and to exclude others from cutting any other canal or canals,*] to the injury of the said canal, but shall have no right to the waters of the said river for any other purpose or purposes whatsoever: Provided always, That the said corporation, whenever any public road crosses the same, shall and are hereby required, either to erect a sufficient bridge across the said canal, or to keep a proper boat or boats for the purpose of conveying passengers across the same, under the penalty of five pounds current money for every neglect or refusal; and that ♦Repealed. 46 the said corporation shall have power and authority to make such by¬ laws, rules and ordinances, as may appear to them most conducive to the end proposed by this act, and most proper for regulating the navi¬ gation of the said canal: and the said corporation shall have full and ample powers and authority to impose and set such tolls and duties on all boats, other vessels and rafts, which may pass up or down the said canal, not exceeding the sum of one shilling current money per ton, carpenters' measure, and shall and may make such by-laws and ordinances to compel the payment of the said tolls and duties, so set and imposed, as the said corporation may think right and most effectual, and the said tolls and duties shall become a perpetual revenue for the sole and exclusive benefit of the said corporation and their successors, for ever. Section 10. And, whereas the said proprietors of the Susquehanna canal have engaged to raise and pay to the treasurer of the said cor¬ poration, the sums of money by them respectively subscribed, at the times and in the proportions following, to wit: one fifth part on the first day of April, one thousand seven hundred and eighty-four; one fifth on the first day of July; one fifth on the first day of October; one fifth on the first day of January, and the remaining fifth on the first day of April, one thousand seven hundred and eighty-five; and it being absolutely necessary the said engagements should be punctually complied with, and that some summary mode of proceeding should be adopted to enforce payment in case of default, Be it enacted, That it shall and may be lawful for the said corporation, in case any of the said proprietors shall neglect to make the payments on the days stipu¬ lated and hereinbefore mentioned, to write to the clerk of the court of that county in which the said defaulter shall reside, and order the said clerk to issue an attachment, fieri facias, or capias ad satisfacien¬ dum, against the said person making default, for the sum of money by him due and unpaid; and the execution so issued shall be made re¬ turnable to the court which shall first sit after the issuing thereof, and shall be as valid and effectual in law, to all intents and purposes, as if the same had issued on a judgment regularly obtained, according to the common and ordinary course of proceeding in a court of law. Section 11. And be it enacted, That the secretary, immediately after his appointment, or as soon thereafter as conveniently may be, shall give bond, in the penalty of five hundred pounds current money afore¬ said, with sufficient security, for the faithful execution of the trust re¬ posed in him, and shall attend the meetings of the said corporation, and of the governor and directors, and take the following oath before some justice of the peace, that he will well and faithfully execute the office of secretary to the corporation of the Proprietors of the Susque¬ hanna Canal, and to the governor and directors thereof, and keep a fair record of all their proceedings, which he shall lay before the cor¬ poration at each meeting, with an account of all expenditures; and that the treasurer shall give bond, in the penalty of four thousand pounds current money, to discharge the trust committed to him by the said corporation. Section 12. And be it enacted, That the said corporation shall meet once in every three months for the first year, and oftener if it shall be necessary, at all which meetings the governor for the time being shall preside; and all laws and regulations shall be determined by a majority of votes; and the holder or holders of each share shall have only one vote, which may be given by proxy, authorised by writing, signed and 47 sealed by the holder or holders of such share, and lodged with the se¬ cretary previous to the receiving the vote. Section 13. And be it enacted, That the persons who shall hereaf¬ ter become subscribers to make up the sum of twenty thousand pounds current money as aforesaid, shall become members of the said corpo¬ ration, and shall be entitled to the same rights and privileges as if they had originally subscribed, and had been named in this act. Section 14. And be it enacted, That where there shall not appear property for the payment of the stipulated quota of any subscriber in the county within the state where the party resides, that then and in that case the party shall forfeit his share, or part of a share in the said company, if he neglects payment one month after it becomes due; and in case the subscriber, or his assignee shall reside out of this state, he shall forfeit his whole share, either on subscription or assignment, and every right, title and authority, derived under this act, if he shall ne¬ glect or refuse to pay the governor, or director of the company, such share so due as aforesaid. Section 15. And be it enacted, That the persons incorporated by this act shall begin the canal at or near Love Island, on or before the first day of October next, and carry on the same with dilligence till it reaches tide water, and fully complete the canal, according to the di¬ rections of this act, within seven years, and on failure or neglect to perform the same within the time aforesaid, this act to be null, void, and of no effect. Section 16. And be it enacted, That the owners of lands through which the said canal may pass shall have full liberty to become sub¬ scribers for making the said canal, at any time before the first day of June next, provided such application be made before the subscriptions be filled up and completed. A SUPPLEMENT To the Act far making the river Susquehanna navigable from the line of this state to tide water. [PASSED AT NOVEMBER SESSION, 1783.] Whereas it is necessary to ascertain with precision the tolls to be re¬ ceived by the Proprietors of the Susquehanna Canal, and to adjust them in such manner as that they may be proportionate to the compa¬ rative value of the commodities which shall be transported through the said canal; and whereas the said corporation have already made a considerable progress in the said undertaking, and are prosecuting the same with great activity, and this assembly being willing and de¬ sirous to give every proper encouragement to induce them to continue 48 their exertions, from a firm conviction that the accomplishment thereof will extend the commerce of the state, and be of general utility and advantage. Section 2. Be it enacted by the General Assembly of Maryland, That the said canal, locks and othei works, with their profits and advantages respectively, shall be and the same are hereby vested in the Proprie¬ tors of the Susquehanna Canal, their heirs, successors and assigns, for ever, as tenants in common, according to their respective shares, and the same shall be deemed real estate, [and shall not be subject or lia¬ ble to pay any tax, imposition, duty or assessment, whatsoever;*] and that it shall and may be lawful for the said corporation, at all times for ever hereafter, to demand and receive, at such place or places on the said canal as they shall hereafter adjudge and determine to be most convenient, for all merchandize and commodities transported through th e said canal, such tolls as are mentioned and enumerated in the fol¬ lowing table of rates, that is to say, Provided always, That such ex¬ emption from taxation shall extend to such works as relate merely to, and are necessary for, the navigation of said canal.t Every pipe or hogshead of wine containing more than sixty- five gallons, . . . . . . 3s ()d Every hogshead of rum, or other spirits, . . .26 Every hogshead of tobacco, . . . . .20 Every cask between sixty-five and thirty-five gallons, one half of a pipe or hogshead; barrels, one fourth part; and smaller casks or kegs in proportion, according to the quali¬ ty and quantity of their contents of wine or spirits. For casks of linseed oil, the same as spirits. Every bushel of wheat, peas, beans or flax-seed, . .01 Every bushel of Indian corn or other grain, or salt, . 0 Oj Every barrel of pork, . . . . .10 Every barrel of beef. . . . . .08 Every barrel of flour, . . . . .04 Every tun of hemp, flax, pot-ash, bar or manufactured iron, 4 0 Every tun of pig-iron or castings, . . .18 Every tun of copper, lead or other ore, other than iron ore, 4 0 Every tun of stone, or iron ore, . . . . 0 10 Every hundred bushels of lime, . . . .26 Every chaldron of coals, . . . . . 0 10 Every hundred pipe staves, . . . 0 Every hundred hogshead staves, or pipe or hogshead heading, 0 3 Every hundred barrel staves, or barrel heading, . .02 Every hundred cubic feet of plank or scantling, . . 18 Every hundred cubic feet of other timber, . . .0 11 Every gross hundred weight of all other commodities or packages, 0 3 And every empty boat or vessel which has not commodities on board to yield so much, except an empty boat or vessel returning, whose load has already paid the toll aforesaid, in which case she is to re-pass toll free, . . .50 Which tolls are rated in current money, and may be discharged in foreign gold or silver coin of the present fineness, at the following rates, to wit: ^Repealed—made personal estate. fThese tolls are quadrupled by an act, passed in November, 1803. 49 Spanish milled pieces of eight, or dollar, . . 42 0 7 6 Other coined Spanish silver of equal fineness, per ounce, .086 English milled crowns, . . . .084 French silver crowns, , . . . .084 Johannes, weighing eighteen pennyweight, . . 6 0 0 Half Johannes, weighing nine pennyweight, . .300 Moidores, weighing six penny weight eighteen grains, . 2 5 0 English guineas, weighing five pennyweight six grains, . 1 15 0 French do. weighing five do. five grains, 1 14 6 Doubloons, weighing seventeeen pennyweight, . 5 12 0 Spanish pistoles, weighing four pennyweight six grains, .18 0 French milled pistoles, weighing four pennyweight and four grains, . . . . . .17 6 Arabian chequins, weighing two pennyweight three grains, 0 13 9 Other gold (German excepted,) by the pennyweight, . 0 6 8 But if any of the coin aforesaid should hereafter be rendered less valuable than they are at present, either by lessening their weight, or therewith adding a greater quantity of alloy than is in them respec¬ tively at present, then so much of any of the said coins, the value of which is so reduced, to be received for the tolls aforesaid, as is equal in value to the said coins in their present state of fineness and weight shall be payable for the said tolls at their reduced value only. Section 3. And be it enacted, That it shall and may be lawful for the said corporation to make such by-laws and ordinances, to compel the payment of the said tolls and duties so set and imposed, as the said corporation may think right and most effectual, and the said tolls and duties shall become a perpetual revenue, for the sole and exclusive benefit of the said corporation and their successors, for ever. Section 4. And be it enacted, That so much of the clause in the said act to which this is a supplement, as empowers the said corpora¬ tion to impose and set such tolls and duties on all boats, other vessels and rafts, which may pass up or down the said canal, not exceeding the sum of one shilling current money per tun, carpenters' measure, be and it is hereby repealed. Section 5. And be it enacted, That it shall and may be lawful for each of the said proprietors to transfer his share or shares, part or parts of shares, by deed executed before, and attested by, two witnesses, which said deed shall be lodged with the secretary of the said corpora¬ tion within three months after the date thereof, otherwise it shall be void; and the secretary of the said corporation shall, and he is hereby directed, to enter the said deed among the records of the said corpo¬ ration within twenty days after receiving the same, under the penalty of ten pounds current money, to be recovered in the same manner as the subscription money of the Proprietors of the Susquehanna Canal can be recovered by the act to which this is a supplement; and to as¬ certain the time of receiving the said deed, the said secretary is here¬ by directed to endorse the same on the said deed, under the penalty of one hundred pounds current money, to be recovered as aforesaid; and it shall not be lawful for any proprietor to make any transfer of his share or shares, part or parts thereof, otherwise, except it be by de¬ vise, which shall be exhibited to the said secretary, and registered by him among the records of the said corporation, within twenty days after receiving the same, the time of receiving the said exhibit to be 50 endorsed by the said secretary on the same, under the penalty of one hundred pounds current money, to be recovered as aforesaid, and the devise or devisees, before they shall be entitled to receive any benefit or advantage under the devise, shall exhibit the same to the said se¬ cretary: Provided always, That no share or part thereof shall at any time be sold, conveyed, transferred or held in trust, for the use anci benefit, or in the name of another, whereby the said corporation, or any of the members thereof, shall or may be challenged or made to answer concerning any trust, but that every person appearing as afore¬ said to be a proprietor, shall, as to the others of the said company, be to every intent taken absolutely as such, but as between any trustee and the person for whose benefit any trust shall be created, the com¬ mon remedy may be pursued. AN ACT To allow the Proprietors of the Susquehanna Canal a further time to complete the same, and to extend the number of shares to thirty shares. [PASSED AT NOVEMBER SESSION, 1790.] Whereas, by an act of assembly, made and passed at November session, seventeen hundred and eighty-three, entitled, an act for ma¬ king the river Susquehanna navigable from the line of this state to tide water, it was, among other things, enacted, that the persons in¬ corporated by the said act should begin the canal on or before the first day of October then next following, and fully complete the same, ac¬ cording to the directions of the said act, within seven years, and on failure or neglect to perform the same within the term aforesaid, the said act should be null and void, and of no effect: And whereas the said canal hath been begun, and progress made therein, and the same is not yet fully completed, and this general assembly being desirous of allowing the proprietors of said canal a further time for completing the same: therefore, Section 2. Be it enacted by the General Assembly of Maryland, That the proprietors of the said canal, and their successors, shall be and are hereby allowed till the first day of October, in the year of our Lord one thousand seven hundred and ninety-eight, to complete the said canal, and if the said canal shall be completed and finished on or be¬ fore the said first day of October, seventeen hundred and ninety-eight, then and in that case the proprietors of the said canal, and their suc¬ cessors, shall be entitled to all the privileges, benefits and advantages, prescribed and enumerated in the said act for making the river Susque¬ hanna navigable, and the supplement thereto, as fully and effectually as if the said canal had been completed within the time limited by the said original act. 51 S ection 3. And be ii enacted, That the said corporation shall have full power and authority to increase their number of shares to the amount of thirty. Section 4. And be it enacted, That any alien, foreigner or foreign¬ ers, may purchase in and hold a share or shares in the said corpora¬ tion, in as full and ample a manner as if he or they were citizens of the State of Maryland at the time of making such purchase, and may continue to hold'the same, notwithstanding his or their residence in a foreign country. AN ACT For making an addition to the Town of Havre-de- Grace, and to improve the navigation of the river Susquehanna, and for other purposes. [PASSED AT NOVEMBER SESSION, 1795.] Whereas it has been represented to this General Assembly, by the memorial of James Wilson, Samuel Hughes, Gabriel Christie, Mark Pringle, Gideon Denison, John Hall and John Lee Gibson, in behalf of themselves and others; that at a meeting of a number of gentlemen from the counties of Cumberland, Lancaster, York, Dauphin, Mifflin, Huntingdon and Northumberland, in the State of Pennsylvania; and from the counties of Csecil and Harford, in Maryland, held at Harris- burgh, on the twelfth day of August last, resolutions were entered into for the purpose of removing the obstructions and improving the navigation of the bed of the river Susquehanna, and that exertions to effect the purport of said resolutions are now making, and that it will be greatly forwarded and promoted by a lottery, sanctioned by the Le¬ gislature, for raising the sum of fifty thousand dollars, therefore pray¬ ing that a lottery for raising the above sum, for the above purpose, may be allowed: And whereas it is further represented by the said memori¬ alists, that they are possessed of parts of two tracts of land, called Convenience, and Brother's Lot, adjoining the said Town of Havre- de-Grace, which they are desirous of laying out into lots, and annex¬ ing the same to the said Town; and the General Assembly, considering that the objects embraced by the said memorial are right, reasonable, and of great public utility, therefore, Section 2. Be it enacted by the General Assembly of Maryland, That the Commissioners of the Town of Havre-de-Grace, in Harford coun¬ ty, or the major part of them, be authorised and required, at any time before the first day of June next, to cause the aforesaid two tracts or parcels of land to be surveyed and laid out into lots, streets, lanes and alleys, at the cost and expense of the said James Wilson, Samuel Hughes, Gabriel Christie, Mark Pringle, Gideon Denison, John Hall and John Lee Gibson, in such manner as to the said commissioners, or a major part of them, shall seem convenient and proper. 8 52 Section 3. And be it enacted, That the commissioners aforesaid1, or â major part of them shall, on or before the said first day of June next, cause a correct and accurate survey and plot to be made of the said land, and of all the lots, streets, lanes and alleys, which shall be laid out in virtue of this act, and the said plot shall be recorded among the records of said county as soon as conveniently may be thereafter, there to remain «s evidence of the boundaries, situation and location of the said lots, and of the said streets, lanes and alleys, which said streets, lanes and alleys, hereaiter to be laid out in pursuance of this act, shall be highways, and shall be so deemed and taken to all intents and purposes whatsoever; and when the same shall be done, the said land, so surveyed and laid out, shall be, and is hereby declared to be, part of the Town of Havre-de-Grace, as fully and amply as if includ¬ ed originally therein, and shall have the same immunities and privi¬ leges as the rest of the said town now has, or by former laws ought to have, saving to the State of Maryland, and all bodies politic or corpo¬ rate, and all persons not mentioned in this act, their several and re¬ spective rights. Section 4. And be it enacted, That the aforesaid James Wilson, Samuel Hughes, Gabriel Christie, Gideon Denison, John Hall and John Lee Gibson, or a majority of them, be and they are hereby au¬ thorised and required, to propose and cariy into effect any scheme of a lottery, for the purpose of raising a sum of money not exceeding fifty thousand dollars, and to dispose of the tickets in such lottery, and to make all necessary arrangements and regulations respecting the manner and time of drawing and completing the same: Provided, That before the sale shall be made of any ticket in virtue of this authority, the said James Wilson, Samuel Hughes, Gabriel Christie, Gideon Denison, John Hall and John Lee Gibson, or such majority of them as shall undertake to act, shall give bond to the State, with good and sufficient security, to be approved of by the Chief Justice, or one of the associate Justices of Harford county court, in the penalty of forty thousand pounds current money, for the faithful payment in the first place of all expenses incurred in conducting the said lottery, and the payment of all the fortunate adventurers therein, and for the faithful payment and application of all monies by them or any of them re¬ ceived in the execution of the authority above communicated, to such objects and purposes as by this act are prescribed, which bond shall be lodged in the general court, and there recorded, and upon such bond, or an office copy thereof, suit or suits may be instituted against the obligors therein, or any of them, or any of their legal representatives, for any breach of or non-compliance with the condition of the same. Section 5. And be it enacted, That the product and produce of the said lottery, after first paying the expenses of drawing the same, and the fortunate adventurers, shall be paid, within four months after the drawing of the said lottery, into the hands of Ephraim Blaine, Robert Whitehill and John Bratton, of Pennsylvania, and George Gale and Samuel Hughes, of the State of Maryland, who shall give bond to the State of Maryland, in the penalty of forty thousand pounds current money, before they shall receive the same, before the Chief Judge, or one of the associate Justices of Harford county, whose duty it shall be to lodge the said bond in the office of the general court of the Western Shore, to be there recorded and safely kept, and which bond shall be conditioned to be void if the said Ephraim Blaine, Robert Whitehill, 53 John Bratton, George Gale and Samuel Hughes, or a majority of them, shall faithfully apply the said money towards the opening the naviga¬ tion of the bed of the said river, in such manner as they shall think most expedient, and that no part thereof shall be applied to the open¬ ing or improving the canal of the Proprietors of the Susquehanna Canal. AN ADDITIONAL SUPPLEMENT To the act, entitled, an Act for making the river Susquehanna navigable from the line of this state to tide water. [PASSED AT NOVEMBER SESSION, 1797.] Whereas it hath been represented to this General Assembly, by the Proprietors of the Susquehanna Canal, that at a meeting of the said corporation in the month of March last, an ordinance was passed, em¬ powering the Governor and Directors of the said corporation, for the time being, to open a subscription for ten additional shares, of one thousand pounds each share, and ordaining that the subscribers of the said additional shares shall have all the rights, privileges and benefits to which the original subscribers of shares are entitled by the act of incorporation: And whereas the said corporation have prayed that the said ordinance, and the subscriptions made and to be made in pursu¬ ance thereof, may have the sanction of this General Assembly; there¬ fore, Section 2. Be it enacted by the General Assembly of Maryland, That the said ordinance, made as aforesaid by the said corporation, be and the same is hereby declared to be ratified and confirtned, to every in¬ tent and purpose, as fully and effectually as if the said corporation, ,at the time of passing the same, had been competent to the making thereof; and the several subscribers of the said ten additional shares, or of any part thereof, are and shall be members of the said corpora¬ tion, and shall be respectively vested with all the rights, privileges and advantages of original subscribers, in as full and beneficial a man¬ ner, to all intents and purposes whatsoever, as if they had been par¬ ticularly and severally named in the original law to which this is a supplement. Section 3. And be it enacted, That the time prescribed for the com¬ pleting of the said canal, mentioned in the said original act, shall be and hereby is extended until the first day of December, in the year of our Lord eighteen hundred and five, and the said corporation, and their successors, shall be and they are hereby allowed until the said day to complete the said canal: and if the said canal shall be completed and finished on or before the said first day of December, eighteen hundred and five, then and in such case the said corporation, and their succes¬ sors, shall be entitled to all the rights, privileges, benefits and advan- 54 tages, mentioned and enumerated in the said original act and the sup¬ plements thereto, as fully and effectually as if the said canal had been completed within the time limited by the said original act. Section 4. And be it enacted, That the bed of the river Susquehan¬ na, from the Maryland line to tide water, shall be considered a public highway, free for any person or persons whatever to work thereon in clearing the obstructions to its navigation: Provided always, That no¬ thing herein shall be taken or considered to permit any person or per¬ sons whatsoever to do any act repugnant to the power given by law to the said corporation over the waters of said river, so far as the same may be necessary for the purpose of supplying the said canal and the water-works thereon, or repugnant to the power given by law of ex¬ cluding others from cutting any other canal or canals along the side, without the margin of the said liver, to the injury of the said canal. A FURTHER SUPPLEMENT To the act, entitled, an Act for making the river Susquehanna navigable from the line of this State to tide water. [PASSED AT NOVEMBER SESSION, 1799.] Section 1. Beit enacted by the General Assembly of Maryland, That it shall and may be lawful for the Proprietors of the Susquehanna Ca¬ nal, to enlarge their number of original shares at a meeting of the com¬ pany, by adding thereto a number not exceeding fifty shares; and all subscribers to such shares shall and are hereby from thenceforth de¬ clared to be incorporated into said company, and to be entitled to all the rights, benefits and privileges, that the original subscribers are, by virtue of the act to which this is a supplement. Section 2. And be it enacted, That the sum to be paid and sub¬ scribed for such augmented shares, shall be ascertained by the compa¬ ny, at some meeting within six months from the date hereof—and the same when subscribed, shall be collected, on default of payment, in the same manner, and by the same process, as the original shares were. Section 3. And be it enacted, That the said company shall expend on opening and clearing the bed of the river, within the Maryland line, the sum of five thousand dollars, within five years from the pas¬ sage of this act; and upon expenditure of the same, and completing the navigation of the bed of the river as aforesaid, they shall be enti¬ tled to half tolls thereon; that is to say, to one half the sum payable on navigating the canal, to be collected in such manner as the legisla¬ ture shall hereafter prescribe. Section 4. And be it enacted, That this State loan to the Propri¬ etors of the Susquehanna Canal, the sum of thirty thousand dollars in 55 specie, to be paid in quarterly payments; and the treasurer of the Western shore is hereby authorised to pay the same in quarterly pay¬ ments, on the said directors lodging with the governor and council, bonds and security to be approved of by them, for such sums as may be drawn in pursuance of this act, such bonds to be conditioned for the payment annually of six per cent. interest, until the end of ten years, and for payment of the principal at the expiration of that pe¬ riod: Provided, That if this loan is not accepted, and security given within twelve months, this clause of the present act shall be of no effect: And provided, also, That security be given to the governor and council that the said loan shall be applied to opening the canal. AN ACT To augment the shares of the Susquehanna Canal Company. [PASSED AT NOVEMBER SESSION, 1801.] Section 1. Be it enacted by the General Assembly of Maryland, That it shall and may be lawful lor the Proprietors of the Susquehanna Canal to enlarge their number of shares at a meeting of the company, by adding thereto a number not exceeding ten shares, and all subscribers to such ten shares shall and are hereby from thenceforth declared to be incorporated into said company, and to be entitled to all the rights, benefits and privileges, of original subscribers to the said canal. AN ACT To increase the tolls on the Susquehanna Canal, and to repeal the third section of an act, entitled, a Further Supplement to the act, entitled, an Act for making the river Susquehanna navigable from the line of this state to tide water. [PASSED AT NOVEMBER SESSION, 1803.] Whereas the Proprietors of the Susquehanna Canal have consented and agreed to relinquish the half tolls heretofore conditionally granted upon the bed of the said river, upon the tolls on the canal being in¬ creased by law; and the same being considered reasonable, and con¬ ducive to the interest of the state, therefore, 5B Section 1. Be it enacted by the General Assembly of Maryland, That the Proprietors of the Susquehanna Canal be and they are hereby au¬ thorised and empowered, by ordinance or ordinances, to increase the tolls upon the said canal not exceeding quadruple the sum at which they are respectively fixed by the act, entitled, a supplement to the act for making the river Susquehanna navigable from the line of this state to tide water, and to collect and receive the said tolls so increased, and to compel the payment thereof in the manner prescribed by the third section of the aforesaid supplement, passed at November session seventeen hundred and eighty-four. Section 3. And be it enacted, That the third section of an act, en¬ titled, a further supplement to the act, entitled, an act for making the river Susquehanna navigable from the line of this state to tide water, passed at November session, seventeen hundred and ninety-nine, and which imposes the half tolls on the bed of said river, shall be and the same is hereby annulled, repealed and abrogated, for ever. A FURTHER ADDITIONAL SUPPLEMENT To the act, entitled, an Act for making the river Susquehanna navigable from the line of this State to tide water. [PASSED AT DECEMBER SESSION, 1817.] Whereas the Proprietors of the Susquehanna Canal have incurred, in the prosecution of that great and important public work, considera¬ ble debts, which their corporate funds are incompetent to discharge: And whereas the said canal, with all its appurtenances, has been sold by the Sheriff of Cœcil county, at the instance of the Bank of Mary¬ land, and purchased by Samuel Sterett of Baltimore, acting for him¬ self and several persons associated with him, and there are doubts as to the validity of said sale, but the purchasers are willing to relinquish to the said corporation their right under the said sale, in order that the property may be re-sold for the purpose of raising the sum due to the Bank of Maryland, and paying other debts' of the corporation; there- fore, Section 1. Be it enacted by the General Assembly of Maryland, That the governor and directors of the Susquehanna canal be and they are hereby authorised, with the consent of the holders of the greater part of the stock, to sell and dispose of the whole real and personal estate of said corporation, together'with their right and property of, in and to said canal, locks, and all the appendages thereof, with the right of toll thereon, for the best price that can be obtained for the same; and the same and every part thereof, when sold, to convey and transfer, by good and sufficient deeds, to the purchaser or purchasers, to be record¬ ed among the land records of Cœcil county court as other deeds are 57 required to be recorded, and that the proceeds of the said sale shall be applied to the discharge of the debts that may be due from the said corporation, otherwise than for advances heretofore made to it by stockholders, which by any resolution or act of said corporation have been added to the stock and shares of such stockholders, or their re¬ presentatives, as augmentation of stock; and such part of the said pro¬ ceeds as may remain after discharging th'e debts hereby directed to be discharged, shall be divided among all the stockholders of the said corporation, in proportion to their respective interests in the stock. Section 2. And be it enacted, That the sale hereby authorised shall be made at Port Deposite in Csecil county, and that three months' no¬ tice thereof shall be given in some one or more public newspapers, in each of the following places, to wit: Philadelphia, Lancaster and Har- risburgh, in the State of Pennsylvania; and Baltimore, Fredericktown and Easton, in this state; which notice shall be continued until the time of sale, twice a week in those of the said places where there shall be a newspaper published so often, and once a week in others. Section 3. And be it enacted, That the deed from the said corpora¬ tion to the purchasers at the said sale, shall name particularly all the purchasers, and shall specify their respective portions of interest in the property, and that the said purchasers shall hold as tenants in common for their several portions as aforesaid. Section 4. And be it enacted, That all the powers, privileges and immunities now enjoyed by the Proprietors of the Susquehanna Canal, shall be transferred to, and vested in the purchasers aforesaid, who shall become a body corporate, by the same name, and with all the powers, privileges, rights and interests, of the present Proprietors of the Susquehanna Canal aforesaid, and that the said canal, with all the appurtenances thereunto in any manner belonging, and ail the estate, real and personal, sold and conveyed as aforesaid, shall be and hereby are vested in the said new corporation and their successors, to be held as the property and estate of the said corporation. Section 5 And be it enacted, That the stock and shares of the new corporation hereby erected, shall be personal property in the stock¬ holders respectively, and shall be transferrable on the books of the said corporation in such manner as the said company, by its resolution or by-law, shall from time to time direct and appoint. Section 6. And be it enacted, That all assessments heretofore made by the present corporation, or by their authority, on individual stock¬ holders, and collected, and all loans made by individual stockholders to the corporation, which assessments and loans have been by subse¬ quent resolutions of the said corporation directed to be carried to the amount of stock and shares of such individual stockholders respec¬ tively, as an augmentation of stock or interest, shall be, and hereby are declared to be, augmentation of stock or interest in the said indi¬ vidual stockholders respectively, and as such shall be considered in the dividend to be made of any surplus monies arising from the sale authorised by this act, but shall not be considered as debts due from the corpoiation, to be paid out of the proceeds of such sale or other¬ wise. Section 7. And be it enacted, That the governor and directors of the Susquehanna canal aforesaid, shall be and they hereby are author¬ ised and empowered, to ascertain the amount of debts due from the company, and of all such sums as may in their judgment be necessa- 58 ry for completing, carrying on, repairing or improving, the said canal, and from time to time to assess all such sums on the members of the corporation, in proportion to their several sums and interest, and to appoint such times and places of payment as may in their opinion be necessary and proper; and if any stockholder in the said corporation, after two months' notice of any such assessment, and of the time and place of payment, to be published in any two newspapers of the city of Baltimore, or served personally on him or her, or his or her agent or representative, or left at their usual place of abode, shall refuse or ne¬ glect to pay such assessment at the time and place so to be fixed, the share or shares of such delinquent stockholder, or so much thereof as may be necessary for paying such assessment, with all costs and charges increased by reason of such refusal or neglect, shall be and hereby is forfeited to the use of the said corporation, and may be sold and transferred by it for the purpose of raising the sum so due. Section 8. And be it enacted, That whenever any ark, raft or boat, shall arrive within the range of the wing-dam at the head of said ca¬ nal, and south of the rock called the Wild Cat Rock, and shall be left there by the persons having charge thereof, or shall not be removed by the said persons, when thereto required by the agent of the company, so as to leave the passage into the canal free and open, the governor and directors of the canal, or their agents duly authorised, shall be and hereby are empowered to cause every such ark, raft or boat, to be taken into the canal, and passed down the same, to the place or places provided or to be provided for the safe keeping of arks, rafts and boats, and to act with respect to all such arks, rafts and boats, in the same manner, and to collect and receive the same toils thereon, as if they had been brought into and passed down the said canal, to the said place or places, by their owners respectively, or the persons having the care thereof. AN ADDITIONAL SUPPLEMENT To the act for making the river Susquehanna navigable from the line of this State to tide water. [PASSED AT DECEMBER SESSION, 1828.] Whereas it has been represented to this General Assembly of Mary¬ land, that the Susquehanna canal suffers much injury from the want of proper enclosures, which cannot with certainty be erected, owing to the destruction and loss of the bounds of the land held by the Proprietors of the Susquehanna Canal, and on which said canal is constructed: And whereas it appears proper that the boundaries of said land should be ascertained by a more speedy process than that which must be instituted to make and bound lands under the general act of assembly for that purpose; now, therefore, 59 Section i. Be it enacted by the General Assembly of Ma7*yland, That George Gale, Thomas Patten, George A. Thomas, Alexander E. Grubb and Samuel Rowland, all of Csecil county, be and they are hereby appointed commissioners to make and bound the lands heretofore ac¬ quired by the Proprietors of the Susquehanna Canal, for the purpose of constructing a canal thereon, in conformity with the provisions of their act of incorporation, granted by the General Assembly of Maryland at November session one thousand seven hundred and eighty-three. Section % And be it enacted, That the said commissioners, or a majority of them shall, as soon hereafter as they conveniently can, cause advertisements to be set up at the locks of the said canal, and at the court-house door of Crecil county, and also published in one or more newspapers in the city of Baltimore, and in the town of Elkton, noti¬ fying the time of their meeting, thirty days at least before their meet¬ ing, and shall meet on the land, agreeably to the notice by them given as aforesaid, to adjust the boundaries of the lands owned by the Pro¬ prietors of the Susquehanna Canal, according to the evidence and the circumstances offered or appearing before them; and before any one of the said commissioners shall proceed in the marking and bounding of said land, he shall make oath, or affirmation, (as the case may be,) before some Justice of the Peace, that he will settle and adjust the boundaries of the land owned by the Proprietors of the Susquehanna Canal, according to the evidence and circumstances which shall be of¬ fered or appear to him, according to the best of his skill and judgment, and will make a true return thereof. Section 3. And be it enacted, That the said commissioners, or a majority of them, may issue summonses for witnesses, and such wit¬ nesses, when summoned, shall attend under the same penalties as if they had been summoned by the county court, to be inflicted by the said commissioners, or a majority of them; and the said commissioners, or a majority of them, may cause the surveyor of the county, or such other skilful persons as they may think fit to appoint, to make such sur¬ veys as they may think necessary to determine the location of the boundaries of the land owned by the Proprietors of the Susquehanna Canal, first administering an oath or affirmation, (as the ease may be,) to the surveyors, and also to the chain-carriers, to execute their re¬ spective duty of surveyor, or chain-carrier, (as the case may be,) faith¬ fully and impartially, to the best of their skill, and also administering to each and every witness an oath, or affirmation, (as the case may be,) that the evidence which such witness shall give, shall be the truth, the whole truth, and nothing but the truth; and the said commission¬ ers, or any two or more of them, may adjourn from time to time, as they may think necessary; and the said commissioners, or a majority of them, or the major part of such majority met, concurring in opinion, may and shall cause the land by them adjudged to the Proprietors of the Susquehanna Canal, to be marked and bounded, either by calls, or by courses and distances, and shall mark and set up boundaries at the end of all lines where course and distance only are given, accord¬ ing to their adjudication and location thereof; and after the said com¬ missioners have marked and bounded the said land they shall make up and transmit to the clerk of Caecil county court, a return of their pro¬ ceedings, containing a description of the location by metes and bounds, or courses and distances, of the land adjudged to the Proprietors of the Susquehanna Canal, together with a certificate, under the hands and 60 seals of the commissioners, or under the hands and seals of a majority of them, that such location was duly made according to law; and the said return and certificate shall be prima facie evidence of the correct¬ ness of the proceedings of the said commissioners; and that unless within six months after the said return-shall have been received by the clerk of Csecil county, exceptions in writing are filed thereto, the said return shall be recorded among the land records of said county, and shall be conclusive against all persons whatsoever, and vest in the Pro¬ prietors of the Susquehanna Canal a complete title to the land therein described; and that should exceptions be filed to the said return within the time above limited, they shall be heard and determined at the next ensuing term of the said county court by the judges thereof, Section 4. And be it enacted, That from and after the passage of this act, the Proprietors of the Susquehanna Canal shall meet annually in the city of Baltimore, within thirty davs after the first day of Fe¬ bruary in each and every year, at which meeting the Proprietors of the Susquehanna Canal, or a majority of the Proprietors attending thereat, shall proceed to elect, by ballot, a governor, three directors, a secretary and a treasurer; that previous to said meeting twenty days public notice shall be given thereof in one or more newspapers pub¬ lished in the city of Baltimore; and that in case no meeting or elec¬ tion should be held or made as herein provided, the officers of the said corporation shall continue to act until such meeting shall be had or election made. Section 5. And be it enacted, That if any person or persons shall break down or intentionally injure, any fence or fences, or other ob¬ structions placed across the towing-path of said canal, for the purpose of protecting the banks of said canal from being cut up and destroyed by wheeled vehicles, such person or persons shall each be liable to a fine of forty dollars for each and every offence, to be recovered in the name of the Proprietors of the Susquehanna Canal, as small debts are now recoverable. Section 6. And be it enacted, That all acts of assembly repugnant to, or inconsistent with this act, be and the same are hereby repealed. To James Sewall, Esq., Clerk of Cœcil County: These are to certify, that in pursuance of the authority vested in us by an act of Assembly, passed at December session eighteen hundred and twenty-eight, entitled, an additional supplement to the act for ma¬ king the river Susquehanna navigable from the line of this State to tide water, the undersigned after having caused advertisements to be set up at the locks of said canal, and at the court house door of Caecil county, and published in two newspapers in the city of Baltimore, and in the Elkton Press, the only newspaper printed in the town of Elkton, notifying the time and place of our meeting, thirty days at least before our meeting, met at the head of the canal, on Wednesday, the twenty-third day of December, eighteen hundred and twenty-nine, and having severally qualified as required by said act of Assembly, be¬ fore John Marshall, a Justice of the Peace of Caacil county aforesaid, (as by his certificate of our respective qualifications herewith returned will more fully appear,) we did then and there appoint Robert Mills of 61 the city of Baltimore, and Henry Hollingsworth, the surveyor of Cœ- cil county, to make such "surveys as we might* think necessary to de¬ termine the location of the boundaries of the land owned by the Pro¬ prietors of the Susquehanna Canal, and having administered to each of said Surveyors, an oath that they would execute their duty as sur¬ veyors, faithfully and impartially to the best of their skill, we then ad¬ journed our meeting until Monday, the eighteenth day of January, eighteen hundred and thirty; which adjournment we publicly announc¬ ed; that on the said eighteenth day of January, three of the under¬ signed, namely, Samuel Rowland, Alexander E. Grubb and George A. Thomas, met at the head of the canal agreeably to adjournment, and again adjourned, to meet at the same place on Thursday then next ensuing, at which time and place we, the said Samuel Rowland, Alexander E. Grubb and George A. Thomas met, and having appoint¬ ed Patrick Hamill, Joshua Wyley and John G. Creswell our chain-car¬ riers, and having administered to each of them an oath to execute his duty as chain-carrier faithfully and impartially to the best of his skill, we proceeded in the discharge of the duty imposed on us by said act of assembly, adjourning from day to day, until we have caused all the several parts or parcels of land acquired by said Proprietors of the Sus¬ quehanna Canal, either by purchase or condemnation, to be severally surveyed, and having connected the whole into one entire survey, we, on the sixth day of February, eighteen hundred and thirty, in conse¬ quence of the inclemency of the weather, which prevented our fixing the several boundaries which we adjudged to be necessary, adjourned to meet again on the twenty-fifth of February, at the head of the ca¬ nal, at which time and place all the undersigned met agreeably to ad¬ journment and commenced fixing the boundaries, and continued our meeting from day to day until the fourth day of March, eighteen hun¬ dred and thirty, when we completed the duty assigned to us, having marked and bounded the lands acquired by the Proprietors of the Sus¬ quehanna Canal, before the passing of the said act of assembly, in manner and form following, that is to say: Beginning for the same at a large rock on the east side of the Susquehanna river, with an iron pin or bolt, driven therein, it being the end of the fourth line of the land, condemned for the use of the said Proprietors of the Susquehanna Ca¬ nal from the heirs of Alexander Fulton, by an inquisition held on the eighth day of April, eighteen hundred and three, and running thence down along the eastern bank of the river Susquehanna and binding thereon, the twenty following courses and distances, that is to say: south sixteen degrees, east tw^enty-four perches and a half perch, south thirty-seven degrees, east ten perches, south seventy degrees, east se¬ ven perches, south forty-six degrees, east five perches, south thirty- four degrees, east ninety-one perches, south seven degrees thirty minutes, east eighteen perches, south twenty-one degrees, east twelve perches, south one degree, east eight perches and three quarters of a perch, south five perches, south twenty-three degrees, east seven perches, south thirty-seven degrees, east seven perches, south twenty degrees thirty minutes, east four perches and three quarters of a perch, south three degrees, east four perches, south thirty degrees, east eight perches, south forty degrees, east fourteen perches, south sixty-four degrees, east six perches, south seventy-nine degrees thirty minutes, east ten perches, south fifty-nine degrees thirty minutes, east six perches and half a perch, south forty-three degrees thirty minutes, m east nine perches, south thirty-four degrees, east eleven perches, across the Bald Friar ferry road to a stone marked No. one, thence still down along the river shore and binding thereon, the five following courses and distances, that is to say: south twenty-eight degrees fifteen minutes, east twenty-five perches, south twenty-one degrees thirty minutes, east thirty perches, south thirteen degrees thirty minutes, east fifty-five perches, south nine degrees, east twenty perches, south twenty-two perches to a stone marked No. two, on the river shore, thence north eighty-six degrees thirty minutes, east six perches, to a stone marked No. three, standing two perches west of the canal; thence down the said canal, and binding parallel thereto and two perches from the west side thereof, the following courses and distances, that is to say: south three degrees, east ten perches, south five de¬ grees forty-five minutes, east seventeen perches, south three degrees, east thirty perches, south eleven degrees fifteen minutes, east eight perches, south twenty-one degrees thirty minutes, east eight perches, south thirty-four degrees, east ten perches, south twenty-tour degrees, east fourteen perches, south ten degrees, east seventeen perches, south eleven degrees thirty minutes, east eight perches, south twenty-five degrees, east fourteen perches, south thirty-eight degrees thirty minutes, east five perches, south seventy-six degrees, east eight perches and one quarter of a perch, south fifty-six degrees, east ten perches, south forty-three degrees, east fourteen perches, south forty-seven degrees, east twenty-six perches to a stone marked No. four, on the west side of the canal in the line of Notre Dame; thence down the said canal and binding parallel thereto and two perches from the west side there¬ of, the following courses and distances, that is to say: south forty-three degrees, east forty-six perches, south fifty-one degrees, east fifteen perches, south fifty-six degrees thirty minutes, east one hundred and six perches to a stone marked No. five, set up two perches west of the canal near the Conowingo creek; thence down along the west side of said creek and binding thereon and across the mouth of the same to a rock on the river shore, the following courses and distances, that is to say: south fifty-two degrees, east two perches, south fourteen degrees, west nine perches, south fifty-three degrees, west eleven perches, south forty-three degrees, west fifteen perches, west twenty-nine perches; thence down along the river shore, and binding thereon the following courses and distances, that is to say: south ten degrees, east eight perches, south thirty-five degrees, east seventeen perches and half a perch, south fifteen degrees, east five perches, south fifty-seven degrees forty-five minutes, east fourteen perches, north eighty-seven degrees, east seven perches and a half of a perch, north eighty-nine degrees, east five perches and a half of a perch, south nineteen de¬ grees thirty minutes, east six perches, south seventy degrees fifteen minutes, east eight perches and half of a perch, north seventy-one degrees, east fourteen perches and half of a perch, north eighty-eight degrees forty-five minutes, east eleven perches, south sixty-seven de¬ grees thirty minutes, east fourteen perches near to the bank of the canal; thence south fifty degrees thirty minutes, east fourteen perches, south fifty-four degrees thirty minutes, east ten perches, south eighty- two degrees fifteen minutes, east thirteen perches, south seventy-seven degrees, east fourteen perches, south fifty-seven degrees, east ten perches, south fifty-four degrees forty-five minutes, east twenty-eight perches, south forty-three degrees thirty minutes, east twenty perches, 63 south forty-eight degrees thirty minutes, east six perches, to a stone marked No. six, on the river shore in the line of Smithfort; thence still down the river shore and binding thereon, the following courses and distances, that is to say: south thirty-nine degrees, east twelve perches, south thirty-five degrees, west sixteen perches and three quarters of a perch, across a point of rocks, south forty-seven degrees, east six perches, north sixty-five degrees thirty minutes, east nine perches, south forty-three degrees thirty minutes, east eleven perches and three quarters of a perch, south fifty-eight degrees thirty minutes, east ten perches, south forty-nine degrees, east ten perches, south thir¬ ty-five degrees, east eleven perches, south thirty-three degrees, east sixteen perches, south sixty-two degrees, east fourteen perches, south fifty four degrees, east twenty-six perches, to a stone marked No. seven, in the line of Success and Baldwin's Dispatch; thence down along said line, north seventy-five degrees, east fourteen perches to a stone marked No. eight, standing two perches west of the canal; thence down along said canal and binding parallel thereto, the following cour¬ ses and distances, that is to say: south forty-five degrees, east fourteen perches, to a stone marked No. nine; south fifty-eight degrees, east twen¬ ty-two perches, to a stone marked No. ten; south forty-seven degrees thirty minutes, east forty-four perches, to a stone marked No. eleven; south fifty-eight degrees fifteen minutes, east one hundred and thirty- five perches and one quarter of a perch, to a stone marked No. twelve, in the line of Hall's land; south fifty-s x degrees fifteen minutes, east one hundred and six perches, to a stone marked No. thirteen; south sixty-three degrees, east ninety-nine perches and half of a perch, to a stone marked No. fourteen, against the north end of the toil house; south twenty-seven degrees, west twenty-six perches, to a stone mark¬ ed No. fifteen; south forty-six degrees thirty minutes, east twenty-eight perches, to a stone marked No. sixteen; south sixteen degrees fifteen minutes, east nineteen perches, to a stone marked No. seventeen; south forty degrees thirty minutes, west forty-nine perches, to a stone marked No. eighteen, on the river shore; thence down along the river shore and binding thereon, south fifty degrees forty-five minutes, east sixty-one perches and three quarters of a perch, south fifty-four de¬ grees, east eight perches and seven-tenths of a perch, to a stone mark¬ ed No. nineteen, on the river shore, in the line of Hall's Choice and Johnson's Adventure; thence down along said line and crossing the Octoraro creek, north seventy-nine degrees, east twenty-eight perches, to a stone marked No. twenty, standing on the west side of the canal, two perches; thence down along the said canal, and binding parallel thereto, the following courses and distances, that is to say: south thirty- three degrees, east ninety-eight perches, to a stone marked No. twen¬ ty-one; south twenty-eight degrees, east twenty-three perches, to a stone marked No. twenty-two; south nine degrees forty-five minutes, east thirty-two perches, to a stone marked No. twenty-three; south fourteen degrees forty-five minutes, east seventy-five perches, to a stone marked No. twenty-four; south seven degrees fifteen minutes, east forty-four perches, to a stone marked No. twenty-five, in or near the line of the late Samuel P. Wallace; south five degrees, east forty perches and one quarter of a perch, to a stone marked No. twenty-six, in or near Lesley's line; south thirteen degrees thirty minutes, east one hundred and ninety-five perches, to a stone marked No. twenty- seven; south thirty-three degrees forty-five minutes, east six perches 04 and three quarters of a perch, to a marked poplar tree, in the line of a tract of land called Urbana; south sixty degrees, east four perches, to another marked poplar tree; south twenty-four degrees, east seventy- two perches, to a stone marked No. twenty-eight; south seventy de¬ grees, east eleven perches, to a stone marked No. twenty-nine; south twenty-three degrees, east twenty perches, to a stone marked No. thirty; south thirty degrees, east ninety-three perches, to a stone marked No. thirty-one; south thirty-three degrees forty-five minutes, east sixty-three perches, to a stone marked No. thirty-two, standing two perches west of the canal; south thirty-three degrees thirty min¬ utes, west twenty-five perches and four-tenths of a perch, to a stone marked No. thirty-three, on the bank of the river; thence down along the said river and binding thereon, the following courses and distances, that is to say: south eighteen degrees fifteen minutes, east thirty-five perches, south sixty-one degrees, east twenty-five perches, south sixty- eight degrees forty-five minutes, east twenty-seven perches, south fifty-eight degrees, east forty-four perches, to the foot of the canal bank; south forty-one degrees, east thirty-six perches, south forty-six degrees thirty minutes, east sixteen perches, south forty-seven degrees, east thirty-four perches, south forty-three degrees, east six perches, south thirty-five degrees, east twelve perches, north eighty-seven de¬ grees, east seven perches, across the mouth of the canal; south forty- five degrees fifteen minutes, east sixty-two perches, to the south line of a tract of land called the Two Brothers, which point is south fifty degrees, west four perches and seven-tenths of a perch, from an iron bolt fixed in a flat rock in a hollow; thence north fifty degiees, east sixteen perches, passing said iron bolt, to a stone set under a commis¬ sion for marking and bounding a tract of land, called the Two Bro¬ thers, in the year eighteen hundred and twenty-two; thence passing a stone at the end of the fourth line of the tract of land called "Wi¬ dow's Lot," north forty-three degrees forty-five minutes, west one hundred and thirty-one perches and two-tenths of a perch, to a rock near a hollow with an iron bolt fixed theiein; thence north thirty-five degrees forty-five minutes, west one hundred and seven perches, to a dead black oak tree, the beginning of the tract called Widow's Lot; thence south nineteen degrees thirty minutes, west six perches and half of a perch, to a stone marked No. thirty-four; north forty-two de¬ grees, west thirty-three perches, to a stone marked No. thirty-five; south four degrees thirty minutes, west eighteen perches, to a stone marked No. thirty-six; north forty-one degrees, west twenty-nine perches, to a stone marked No. thirty-seven; north fifty-one degrees thirty minutes, east one half perch, to a stone marked No. thirty-eight, standing on the east side of the canal; thence up the said canal and binding parallel thereto and eight perches distant from the east side thereof, the followingcourses and distances, that is to say: north thirty- three degrees forty-five minutes, west sixty-three perches, north thirty degrees, west ninety-three perches, north twenty-three degrees, west seventy-nine perches, north forty degrees, west twelve perches, north sixty degrees, west fourteen perches, north thirty degrees, west ten perches, north thirteen degrees thirty minutes, west one hundred and ninety-five perches, north five degrees, west forty perches, north seven degrees fifteen minutes, west forty-four perches, north fourteen degrees forty-five minutes, west seventy-five perches, north nine degrees forty- five minutes, west thirty-two perches, north twenty-eight degrees, 65 west twenty-three perches, north thirty-three degrees, west ninety-six perches, to a stone marked No. thirty-nine, in the line of Hall's Choice and Johnson's Adventure; thence north torty-one degrees, west nine¬ teen perches and a half of a perch, to a stone marked No. forty; thence north sixteen degrees thirty minutes, west twenty perches, to the Oc- toraro creek; thence up and crossing said creek, north seven degrees, east forty-eight perches, to a stone marked No. forty-one, on the west side of said creek, and on the line of Physick's land; thence along said line, north twenty-seven degrees thirty minutes, west ninety-five perches, to a stone marked No. forty-two; thence south twenty-seven degrees, west twenty-four perches, to a stone marked No. forty-three, on the east side of the canal, eight perches and one quarter of a perch from a stone marked No. fourteen, on the-west side; thence up along said canal and binding parallel thereto, the following courses and dis¬ tances, that is to say; north sixty-two degrees, west one hundred and fifteen perches, to a stone marked No. forty-four; north fifty-six de¬ grees thirty minutes, west eighty-nine perches, to a stone marked No. forty-five; north fifty-eight degrees fifteen minutes, west one hundred and thirty-six perches, to a stone marked No. forty-six; north forty- seven degrees thirty minutes, west forty-four perches, to a stone mark¬ ed No. forty-seven; north fifty-eight degrees, west twenty-two perches, to a stone marked No. forty-eight; north forty-five degrees thirty minutes, west twelve perches, to a stone in the tract of land called Success, eight perches and one quarter of a perch from a stone mark¬ ed No. eight, standing on the west side of the canal; thence north seventy-five degrees, east four perches and a half a perch, to a stone marked No. forty-nine, in the line of Success; thence north fifty de¬ grees, west one hundred and thirty-one perches, to a large rock in the line of a tract of land called Smithfort; thence south seventy-five de¬ grees, west four perches along said line to a large rock with an iron bolt let into it; thence north forty-five degrees, west one hundred and fifty-three perches, to a stone marked No. fifty; thence crossing the Conowingo creek, north fifty-four degrees, west fifty-four perches, to a stone marked No. fifty-one, on the west side of said creek; thence down said creek, south forty-four degrees fifteen minutes, west two perches and one-tenth of a perch, to a stone marked No. fifty-two, standing seven perches from a stone marked No. five, on the west side of the canal; thence up the said canal and binding parallel thereto and seven perches distant from the lines drawn on the west side thereof, the following courses and distances, that is to say; north fifty-six de¬ grees thirty minutes, west one hundred and six perches, north fifty-one degrees, west fourteen perches, north forty-three degrees, west forty- three perches, to a stone marked No. fifty-three, in the line of Notre Dame; north forty-seven degrees, west thirty perches, north forty-three degrees, west fourteen perches, north fifty-six degrees, west ten perches, north seventy-six degrees, west eight perches and one quarter of a perch, north thirty-eight degrees thirty minutes, west five perches, north twenty-five degrees, west twelve perches, north eleven degrees thirty minutes, west eight perches, north nine degrees thirty minutes, west seventeen perches, north twenty-four degrees, west thirteen perches, north thirty-four degrees, west ten perches, north twenty-one degrees thirty minutes, west eight perches, north eleven degrees thirty minutes, west eight perches, north three degrees, west thirty perches, north five degrees forty-five minutes, west seventeen perches, north 66 two degrees thirty minutes, west thirty perches, north ten degrees thirty minutes, west twenty perches, north sixteen degrees thirty minutes, west fifty-seven perches, north twenty-one degrees fifteen minutes, west thirty perches, north thirty degrees fifteen minutes, west twenty-four perches, to a stone marked no fifty-four, near a flat rock; thence north thirty-six degrees thirty minutes, west thirteen perches and two thirds of a perch, to a stone marked No. fifty-five, near the Bald Friar ferry house; thence up along the canal and binding parallel thereto, and two perches from the east side thereof the several courses and distances thereof, to a stone marked No. fifty-six, standing two perches from the canal, and on the north side of Wet Weather run; thence up said run, east thirteen perches, to the foot of a large rock with an iron bolt fixed therein; thence north twenty-three degrees, west one hundred and forty-four perches, to a stone marked No. fifty- seven, south seventy-four degrees thirty minutes, west one perch and three quarters of a perch, to a stone marked No. fifty-eight; north twenty-seven degrees forty-five minutes, wrest ten perches, to a stone marked No. fifty-nine; north eighty degrees foity-five minutes, west fourteen perches, to a stone marked No. sixty; north sixty-one degrees fifteen minutes, west twenty-six perches, to a large rock on the Sus¬ quehanna river shore with an iron bolt fixed therein, being the place of beginning; which said lands so meeted and bounded we adjudge to the Proprietors of the Susquehanna Canal, excepting nevertheless therefrom and thereout, sundry several lots and sundry several mill seats, with certain water-rights and privileges which the said proprie¬ tors have heretofore sold or contracted to sell, and leased or contracted to lease to sundry different persons: and we further Gertify that the lo¬ cation so as aforesaid made, and as is hereinbefore described, was duly made according to law. In testimony whereof, we have hereunto set our hands and affixed our seals, this fourth day of March, eighteen hundred and thirty. SAMUEL ROWLAND, ALEX. E. GRUBB, GEORGE A. THOMAS, THOMAS PATTEN, SEAL. SEAL. SEAL. SEAL. State of Maryland y Cœcil county, Set: In testimony that the aforegoing return was truly and faithfully taken and copied from Land Commission Book, I. S. No. % folio 335, one of the Record Books of the County aforesaid, I have hereunto subscribed my name, and affixed the seal of my office, on this third day of Au¬ gust, eighteen hundred and thirty-five. JAMES SEWALL, Clerk Cœcil County Court. State of Maryland, Cœcil county, Set: Be it remembered; that on the twenty-third of December, in the year eighteen hundred and twenty-nine, personally appeared before the subscriber, a Justice of the Peace of the said State in and for the 67 county aforesaid, George Gale, Thomas Patten, Alexander E. Grubb and Samuel Rowland, Esquires, four of the Commissioners named in an act of Assembly of Maryland, passed at December session, one thousand eight hundred and twenty-eight, entitled an additional sup¬ plement to the act for making the river Susquehanna navigable from the line of this state to tide water, and severally made oath on the Holy Evangely of Almighty God, that they and each of them would settle and adjust the boundaries of the land owned by the Proprietors of the Susquehanna Canal, according to the evidence and circum¬ stances which should be offered or appear to them, according to the best of their skill and judgment, and would make a true return there¬ of; and I further certify, that on the same day George A. Thomas, Esquire, the other Commissioner named in the said act of Assembly, also personally appeared before me, and solemnly affirmed that he would settle and adjust the boundaries of the land owned by the Pro¬ prietors of the Susquehanna Canal, according to the evidence and circumstances which should be offered or appear to him, according to the best of his skill and judgment, and would make a true return thereof. In testimony whereof, I have hereto set my hand and affixed my seal, the day and year hereinbefore first written. JOHN MARSHALL, [seal.] State of Maryland, Cœcil County, Set: I hereby certify that the aforegoing was truly and faithfully taken and copied from Land Commission Book J. S. No. 2, page 335, one of the Record Books of Cœcil County aforesaid. , In testimony whereof, I have hereunto subscribed my name, and af¬ fixed the seal of my office, on this first day of August, A. D. 1835. JAMES SEWALL, Clerk Cœcil County Court. Exceptions to be filed with the Clerk of Cœcil County on behalf of Thomas Fulton, to the return made by certain Commissioners appoint^ ed by the General Assembly of Maryland, under an act entitled, "an additional supplement to the act for making the river Susquehanna navigable from the line of this state to tide water A For exceptions to the said return, the undersigned begs leave to state: 1st. That the said Commissioners have included within the limits of the land laid out by them, as belonging to the Proprietors of the Sus¬ quehanna Canal, a certain portion of land, which the undersigned be¬ lieves to be included within the lines of his land, for which the said proprietors have never paid a full consideration, or received a deed of 10 68 conveyance either from the undersigned, or any person under whom he claims, and to which they have never acquired any title whatever. This portion is designated on the plot accompanying the return as lot No. 2, and therein stated to contain fourteen acres. The undersigned was present at the time the said commissioners began to run the lines of this lot over what he deemed to be his land, and did then and there object to their proceeding to do so, setting forth his reasons. 2d. That the surveys in some instances were made, particularly at the time of running the lines of the said lot No. 2, by only two Com¬ missioners, none of the others being present. 3d. That in ascertaining the boundaries of the land of the Proprie¬ tors of the said Canal, the said Commissioners were not directed and governed by the testimony of witnesses under oath, but seem to have depended upon mere rumor, and the direction of interested persons. The undersigned being greatly injured by the acts and proceedings of the said Commissioners, prays the Honorable the Judges of Caecil County Court, to grant him such relief as may be just and proper, and he, as in duty bound, &c. THOMAS FULTON. October 12th, 1830. State of Maryland, Ccecil County, Set: In testimony that the within and aforegoing caveat was truly and faithfully taken and copied from Land Commission Book J. S. No. 2, folio 344, one of the Record Books of the County aforesaid, I have hereunto subscribed my name and affixed the seal of my office, on this third day of August, eighteen hundred and thirty-five. JAMES SEWALL, Clerk Ccecil County Court. Know all men by these presents, that I, Thomas Fulton, of Caecil County and State of Maryland, for and in consideration of the sum- three hundred dollars current money of the United States to me in hand paid by the Proprietors of the Susquehanna Canal, at or before the sealing and delivery of these presents, the receipt whereof 1 do hereby acknowledge, do covenant, grant and agree, to and with the said Proprietors of the Susquehanna Canal, that I, the said Thomas Fulton, shall and will withdraw the caveat which I caused to be filed in Caecil County Court against the ratification and confirmation of the commission returned by certain Commissioners appointed by a special act of Assembly, to mark and bound the lands of the said Proprietors of the Susquehanna Canal—And I, the said Thomas Fulton, do here¬ by authorise and empower the said Proprietors of the Susquehanna Canal, or their attorney, to withdraw said caveat, and also the Clerk 69 of Caecil County Court, to record the said return of said Commission¬ ers, provided there is no other caveat against the same except the one filed on my behalf, which I hereby direct him to enter withdrawn by me. In witness whereof I have hereto set my hand and affixed my seal, this third day of April, 1832. THOMAS FULTON, [seal.] Witness present—Stephen H. Ford. State of Maryland Cœcil County, Set: In testimony that the aforegoing agreement was truly and faithfully taken and copied from Land Commission Book I. S. No. 2, folio 347, one of the Record Books of the County aforesaid, I have hereunto subscribed my name and affixed the seal of my office, on this third day of August, 1835. JAMES SEWALL, Clerk Cœcil County Court. LAW OF MARYLAND. AN ACT To insure the completion of the Susquehanna Canal and of the Tide Water Canal. [PASSED APRIL 6, 1839.] Section 1. Be it enacted by the General Assembly of Marylandt Thatlso soon as the Susquehanna Canal Company, in a general meet¬ ing of its stockholders, and the Tide Water Canal Company, in a general meeting of its stockholders, shall have assented and agreed to the provisions of this act, and shall severally have communicated to the Treasurer of the Western Shore their acceptance of its terms, under the respective corporate seals and the signatures of the respective Pre¬ sidents of said Companies, and shall also have prepared and deposited with the said Treasurer the separate corporate obligations of said Com¬ panies, secured by mortgages, pledging the whole work, property and re¬ venues of saidCompanies, respectively, for the payment to the said Trea- 70 surer, ninety days before the interest shall from time to time become due and payable, on the bonds of the State hereinafter mentioned, and also the difference of exchange of currency between Baltimore and London, if the interest on the bonds of the State, hereinafter mentioned, is made payable in London, together with the cost of transmitting the interest to London to be there paid; or if the interest on a part of said bonds is made payable in London, the difference of exchange of currency in re¬ spect of the interest so payable in London, and the cost of translating the same to London, and for the payment into the Treasury of this State on or before the first day of January in the year of our Lord eighteen hun¬ dred and sixty-four of the whole amount of the principal of the bonds of the State hereinafter mentioned, together with the difference of exchange of currency between Baltimore and London, if the principal of said bonds be made payable in London, together with the cost of translating the same to London to be there paid, or in case part of said bonds be made payable in London, the difference of exchange of currency in respect of such part, and the cost of translating the same to London; and shall produce to the said Treasuier proper evidence that the said mortgage of the Susquehanna Canal Company has been duly recorded in the proper office for recording of deeds in York County, in the State of Pennsylvania, and that the said mortgage of the Tide Water Canal Company has been recorded in the office of the clerk of Harford County Court, it shall be the duty of the said Treasurer to issue, and to deliver to such person or persons as the said Companies may appoint to receive them, the bonds of the State of Maryland to the amount of one million of dollars, redeemable at the pleasure of the State, at any time after the first day of January, in the year of our Lord eighteen hundred and sixty-five. Section 2. And be it further enacted, That the said bonds shall be issued in favor of said Companies respectively, in such proportions as may be agreed upon between the said Companies, bearing an interest, if in sterling money, of five per cent., payable in London, semi-annu¬ ally, on the first day of January, and the first day of July in each year, and if in current money, of six per cent, semi-annually, on the first day of January and the first day of July in each year, payable in the City of Baltimore, and that said bonds shall be divided into sums to be indicated by said Companies respectively, in regard to their respective proportions thereof, and shall be made payable in sterling money in London, or in current money in the City of Baltimore, or partly in sterling money in London, and partly in current money in the City of Baltimore, at the option of said Companies respectively. Section 3. And be it further enacted, That the State reserves to it¬ self the right at any time hereafter to convert said loan, or any portion of the same, into the stock of said Tide Water Canal Company, accord¬ ing to the proportions of said loans which said Company shall have re¬ ceived, according to the provisions of this Act. Section 4. And be it enacted, That the said Tide Water Canal Com¬ pany, within the period of four months next after the completion ct their Canal, shall make and construct at or in the immediate vicinity of Bell's Ferry, opposite to Port Deposite, an outlet lock of the same width and of like construction as the outlet lock at Have-de-Grace, and shall at all times keep the same in such order and repair as will allow an easy and free passage therein or thereout, at all times, for any ark, raft, boat or other craft, which may have passed, or be intended 71 to pàss through the said canal, and also provide the necessary labor and attendance to work the said lock, and to secure to the public the full benefit and convenience thereof: and that the said company shall be entitled to demand and receive the same tolls and compensation for each and every ark, raft, boat or other craft passing in and out of said outlet lock opposite Port Deposite, as if such ark, raft, boat or other craft had been let in or out of said canal at the outlet lock at Havre-de-Grace: Provided, nevertheless, that if the cost and expense of the construction of said outlet lock, hereby directed to be made, shall necessarily ex¬ ceed the sum of fifteen thousand dollars, the said company shall not be required to construct the same, or to enter into any contract for that purpose, until the excess above the sum of fifteen thousand dollars shall have been contributed by the citizens of Cecil county, or others, or satisfactorily secured to the said company, or unless some responsi¬ ble person or persons will engage and undertake, with sufficient sure¬ ties, to make and complete the same, upon the payment by said com¬ pany of an amount not exceeding fifteen thousand dollars. SUSQUEHANNA & TIDE WATER CANAL. The following Memorial was presented to the City Council of Baltimore, on the 21st January, 1839, and referred to the joint com¬ mittee on Internal Improvements. THE MEMORIAL of the undersigned committee of the Board ot Managers of the Susquehanna and Tide Water Canal Companies, chartered by the States of Pennsylvania and Maryland, for the pur¬ pose of constructing a continuous canal from Columbia, in the state of Pennsylvania, to Tide Water at Havre-de Grace, in the state of Maryland, respectfully represents: That the canal in question is now about three-fourths finished, and that the Chief Engineer has repeatedly assured the Board that the application of the same energy and means which have been devoted to it during the past year, will secure the completion of the work for the passage of boats, in six months more of favorable working wea¬ ther, that is, in all the month of July next. With a work of such magnitude and importance, so near the point of completion, the Board to whom its management is confided, feel more deeply than ever, the necessity for renewed exertions on their part, in order that their task may be promptly and successfully a - ehieved, well knowing, that, when completed, it will become at once the medium for venting the large and steadily increasing streams of trade that are waiting to flow through its channels to market. And while they thus see, in the early completion of the work, the certainty of direct and immediate profit to the stockholders, as well as general and immediate benefit to the interior and tide water dis¬ tricts which are thus thrown open to each other, they are also fully aware, that a suspension of the company's operations will probably be attended with the serious consequences of delaying, for a twelve month at least, and probably longer, the completion of the work, to the great injury of work itself, to the injury of the stockholders in the loss of interest and tolls, and to the injury especially of Maryland, within the bosom of whose waters the canal will discharge its streams of wealth. Your Memorialists beg leave to ask attention to the fact that the entire capital required for the construction of the work has never been subscribed. Under the Pennsylvania charter, there have been subscribed, including the subscription of the City of Baltimore, for 7600 shares, about $1,500,000. When the Tide Water Canal Company was chartered by the Legislature of Maryland, the Penn¬ sylvania Company, (at whose instance it was done,) subscribed the o entire stock of the Maryland Company. This was done in order to insure one ownership in, and one direction for, the entire line of Canal from Columbia to Havre-de-Grace. The stock of the Tide Water Canal Company is, therefore, held in one name, that of "the Susquehanna Canal Company of Pennsylvania," but the latter com¬ pany has, in fact, gained no accession of capital thereby, and the funds of the Pennsylvania Company have been expended simultane¬ ously in both States in the construction of the work. About $1,700,- 000 have been actually expended on the canal,but as a percentage has been retained by the Company, in order to secure a faithful perform¬ ance of contracts, the actual amount of work done comprises a cost of about $1,900,000. The entire cost of the work complete, includ¬ ing the connexion with the Conestoga Navigation, will be a little over $2,600,000. The stock subscriptions have all been called in, and have been very generally paid up. Of the portion which re¬ mains unpaid, a part is being gradually paid up, while of the remainder, the first instalment of five dollars per share, has only been paid. The Company's resources from the stock subscriptions have there¬ fore been exhausted, and resort has been had to the sale of its bonds and to the individual credit of the Board, to keep the work in pro¬ gress.—The sum, however, which is still required to complete the work, is too large to be raised either by the future sale of bonds, or the aid of individual credit, as fast as it will be wanted, if the work is to be completed this year. And the undersigned committee, there¬ fore, respectfully approach your Honorable body, for the purpose of asking the aid of the city, in completing the Canal as speedily as possible. In making this appeal for aid, your memorialists deem it proper to present to the attention of your Honorably body, some of the leading facts connected with the work, and some of the general considerations which have prompted them to the step in question. The Susquehanna and Tide Water Canal is, in fact, but a pro¬ longation oi the great chain of Pennsylvania Canals, the construction of which has cost that State about $25,000,000. It is the last, the finishing link, of the Pennsylvania system, by which that long line of artificial navigation is united, at its southern terminus, with the Tide Waters of the Chesapeake Bay.—It constitutes the natural outlet, by the most direct and easy route, for the immense trade which is constantly passing through the Pennsylvania canals, towards an At¬ lantic market. It is, for all purposes of trade, part and parcel of the great canal system of Pennsylvania, and it offers the only channel, by which produce or merchandise can pass or be conveyed from the interior to market, or vice versa, without transhipment. The boats which are adapted to advantageous use on the Pennsylvania canals, are too large to pass through the Union Canal (the only water com¬ munication open with Philadelphia,) and so also, at Columbia, there must be a transhipment from the canal boat to the rail road car, in order to reach that city. On the other hand, the Susquehanna Tide Water Canal, will offer the important advantage of an access to mar- 3 ket, by a continuous, unbroken line of navigation, which avoids the delays, expenses, and other serious objections of transhipment, and which line, as we shall hereafter show, is the shortest and cheapest and best, that the trade can take. The Susquehanna and Tide Water Canal embraces a route of forty-five miles in extent, thirty miles of which are in Pennsylvania, and fifteen in Maryland. All the portions of the work, including excavation, locks, culverts, aque® ducts, basin at Havre de Grace, and dam and tow path bridge at Columbia, are under contract, or have been completed. The work has been prosecuted from its commencement up to the present time, with great vigor and perseverance by the company. During the last autumn, the upper part of the line was very sickly, and the company had to contend with the difficulties of long continued high waters in the spring, and an early rise of water in the Fall—all of which prov¬ ed serious obstacles to the progress of the work. The last named difficulty retarded the completion of the dam at Columbia, but that great and most important part of the work is now believed to be entirely beyond the reach of danger. That part of the canal, within the State of Pennsylvania, is divided into fifty-three sections ; of these the chief engineer reports that fourteen are finished ; three are so nearly finished as to require but little else than trimming and dressing the banks; seventeen are in a forward state, and can be finished in from two to three months; sixteen are also far advanced, and can be finished in four or five months, and the remaining three will require about six months of favorable weather to complete them. Of the locks in the Pennsylvania division, which are eighteen in number, nine are in a forward state, and can be finished in two or three months ; the remaining nine locks have been but recently com¬ menced, and will require from four to six months to complete them. The balance of the work in this division, is reported by the Engineer to be in such a state of forwardness as will insure its completion in from four to six months of favorable working weather. That part of the Canal within the State of Maryland, has been much more healthy during the past autumn than the Pennsylvania divi¬ sion, and the amount of work done on it has been proportionably greater. The Maryland division is in a situation which will insure its completion by the middle of the ensuing summer. It is proper here to say that the Susquehanna and Tide Water Canal is being constructed throughout its entire line in the most sub¬ stantial and workman like manner and of enlarged dimensions, its depth being five feet and width fifty feet. It will have longitudinal double locks, which will pass two boats at a time, of ninety feet in length each, or, when required, a boat or raft of one hundred and eighty feet long. The supply of water is superabundant and inex¬ haustible, the whole river Susquehanna being at command for that purpose at the head of the Canal, through the instrumentality of the dam, which crosses it at Columbia. There are also smaller streams at various points lower down, such as Muddy Creek, Deer Creek, 4 and others, which, if necessary, can also be rendered tributary to the supply of the Canal. Great importance is attached by your Memo¬ rialists, to the fact of a superabundant supply of water, because in estimating the capacity of the canal to vent the trade which may present itself, the calculation may be made not only in reference to its double locks and enlarged dimensions, but also to the fact, that should circumstances call for it, its operations may be carried on by means of double sets of lock-keepers, both day and night, without any intermission whatever. Your Memorialists would state, that the junction of the Susque¬ hanna and Tide Water Canal, with the Pennsylvania State Works at Columbia, is not only authorised, but required in the act of incor¬ poration ; and the mode of junction, including the position of the dam which the company has erected at Columbia, has been formally sanctioned by the State officers designated for that purpose. The company have purchased the right to construct a double gal¬ lery (or two horse paths) on the lower side of that noble structure, the Columbia bridge, by means of which the boats can be towed a- cross the river in the still water formed by the dam, from one canal to the other. These facts are stated in order to sho w those who may not be particularly informed on the subject, that the connexion with the State Canal is full, easy and complete. A reference to the long profile map, transmitted herewith, will show the location of the canal, and the connexions at Columbia. Mention has been made, in a preceding part of this Memorial, of the peculiar position which the Susquehanna and Tide Water Canal occupies, in relation to the great chain of Pennsylvania State Canals. In order more fully to appreciate this position, it will be necessary to refer, for a moment, to the course of the Susquehanna River, as it is laid down in the Official State Map, respectfully sent herewith. It will be seen that this river and its tributaries enter a very large portion of the State of Pennsylvania. Besides its numerous minor and subsidiary streams, it has three great branches: The North branch rises in Otsego county, in the State of New York, and after watering the country for more than one hundred and seventy-five miles, it unites with the west branch at Northumberland. The West Branch rises in the north western section of Pennsylvania, and is in length more than one hundred and forty miles. These branches unit¬ ing at Northumberland, form the main river which receives the Juniata (a river running one hundred and thirty miles through the central part of the State) at Duncan's Island, and continues its course down to Havre de Grace, a distance from Northumberland of one hundred and twenty-six miles. The Susquehanna, with its subsi liary branches, is contiguous to more than thirty populous counties of the State. The river and its branches are navigable only for the descent of arks and rafts during the rise of their waters for a short season in the spring and fall. There is no ascending navigation whatever. The Pennsylvania Canal is constructed along the banks of the 5 river and its tributaries, and the latter have become little else than feeders for the former. The North Branch of the Susquehanna river, passes through the most extensive anthracite coal region of Pennsylvania, some of the basins of which are contiguous to its banks, and from all of which access to it is already, or will speedily be se¬ cured.—This region is abundant also in agricultural products, and in iron ore. On the West Branch, bituminous coal in all its varieties, is found in unsurpassed abundance, and the agricultural products of the fertile valleys, with the results of the skill and enterprise already applied to the manufacture of iron with bituminous coal and coke, es¬ tablish, its importance and increasing attractions. 1 he Juniata runs nearly in the centre of the state, and bordering on the great State canal, as it takes its course to the Allegany,there to unite with the great West, waters a favorite region already distinguished by the extent and quantity of its manufactured iron, and by great mineral and agricul¬ tural resources.—The Susquehanna river, with its various suosidiary streams, reaches two thirds of the State of Pennsylvania, and what¬ ever of variety may exist in the products of the soil of the State, may be said to be contiguous to its waters. The State of Pennsylvania, has already completed her line of Canals from Columbia, the point of commencement ot the Susque¬ hanna and Tide Water Canal, to Northumberland, eighty-two miles; from Northumberland along the bank of the north branch to the mouth of the Susquehanna, seventy-five miles ; from Northumberland along the west branch, to the mouth of Queen's run, seyenty-eight miles ; also, upon the Juniata, the line of communication is complete^ from its mouth to Pittsburgh, two hundred and sixty-nine miles. These works, comprising an aggregate transportation of five hundred miles, constitute what your memorialists have designated as the great chain of Pennsylvania State Canals—the true and natural outlet to all which is the Susquehanna and Tide Water Canal. ^ And your me¬ morialists may further say, in support of this assertion, that it was only the force of this undeniable fact which ever induced the Legis¬ lature of Pennsylvania to authorize the construction of a canal, whose effect must inevitably be to lead the trade of its public works in a direction different from that which it had endeavored to establish at a great cost. Some twenty years ago the State of Penn¬ sylvania and the City of Baltimore spent one hundred and fifty thou¬ sand dollars for the improvement of the bed of the Susquehanna, as an object in which they had a common and mutual interest The law* of nature is still unchanged by the art of man, and the mighty chain of Canals which the wisdem of that State has caused to be construct¬ ed, is destined to have its finishing link in the canal which prolongs it to the point where the waters of the Susquehanna mingle with those of the sea-board. Connected with the Pennsylvania canals and tributary to them, are several works which deserve notice. A rail road from Shamokin Coal mines to Sunbury is completed and in use, twenty miles ; an- 6 other from Lyken's Valley Coal mines to the Susquehanna, eighteen miles; the Cumberland Valley Rail Road, traversing a fertile val¬ ley, fifty miles, is now used ; the Cadorus Canal from York, eleven miles ; and the Conestoga Canal, eighteen miles, are also in daily use. The whole of the improvements above enumerated, may be considered as tributary to the Susquehanna and Tide Water Canal, and will insure it a large share of all their freights. It is, as has been already asserted, the natural channel of discharge for the trade of the whole of these works Enough has been cited to show that the sources of revenue for the Susquehanna and Tide Water Canal are immense at the present mo¬ ment, and will continue steadily to increase. But your memorialists must be permitted to advert fora moment to the fact, that inasmuch as the main line of the Pennsylvania Canal has its present western termi¬ nation at Pittsburg, the trade of the western and south western States is thus thrown open to it—and that already the cotton, tobacco, and other products of these States, are taking this new and better course to market. The distance from any given point in the West to the navigable waters of the Atlantic is shorter by the route of the Penn¬ sylvania Canal and Susquehanna and Tide Water Canal, than by any other. For example, from Columbia, on the Pennsylvania Canal, by the Rail Road to Philadelphia, is eighty-two miles—from the same place to Havre de Grace, is forty-five miles—from Portsmouth on the Pennsylvania Canal, by the route of the Union and Schuylkill Canals, is 142 miles, with a transhipment—from Portsmouth to Havre de Grace is 03 miles. No transhipment of produce or goods is requi¬ red, when the Susquehanna and Tide Water Canal is taken, as boats may enter the extreme ends of the State Canals, and pass on to Tide Water, without breaking bulk. Your Memorialists, before closing this branch of their representa¬ tions, beg leave to subjoin, as well for present information as future reference, a brief statement of the number of miles of Canals and Rail Roads made and being made, from all of which a connexion may be traced with the Susquehanna and Tide Water Canal. Extent of Pennsylvania improvements, connected with the Susquehanna and Tide Water Canal. Miles. Main line of Pennsylvania Canal and Rail Road leading from Columbia to Pittsburg, including Portage Rail Road, 312 Susquehanna division from mouth of Juniata to Northumber¬ land, 39 West branch division, now finished, 78 North Branch division, now finished, Pittsburg and Erie, not entirely finished, 73 577 In addition to the above, there are of Joint Stock Companies, the following : 7 Conestoga Navigation, IB Codorus Navigation, 11 "Western end of Union Canal, 54 Total number of miles now finished, or nearly so, 660 Connected with the Susquehanna and Tide Water Canal, there are also being made, (most of which are under contract,) leading into the Susquehanna improvements, the following, viz: Extension of the west branch Canal, from (near) Farrandsville to mouth of Sinnemahoning, 42 Extension of the North Eranch Canal from mouth of Lacka- wannock to State line, about 98 From State line to Oswego, in New York State, 17 Chemung branch to Elmira, about 11 Length of Chemung Canal, now made and in use, 18 Extension of Canal up Chemung road to Painted Post, 17 Chenango Canal, connecting the Susquehanna with the Erie Canal, 92 Making of Canal in progress of completion and complete, con¬ nected with Susquehanna and Tide Water Canal, 955 To which may be added, of Rail Roads now made, and in progress of making, the following : York and Wrights ville, 12 Lyken's Valley, 18 Cumberland Valley, leading to Chambersburg, 50 West end of Danville and Pottsville, leading to Shamokin coal, 20 Wyoming rail road leading to Coal mines, about 12 Cattawissa rail road, 34 1101 To these may, with great propriety, be added the Pennsylvania and Ohio Cross Cut Canal, 85 The Sandy and Beaver Canal, another connection of the works of the States of Ohio and Pennsylvania, about 90 And the Ohio State Canal itself, stretching from Cleaveland on the Lake to Portsmouth on the river, about 300 1576 Making a grand total of 1576 miles of Canals and Rail Roads lead¬ ing to the Susquehanna, besides the thousands of miles of Western Lake and River navigation, which through them, will feel the influ¬ ence and attraction of the Pennsylvania Canals. Having thus demonstrated the certain result which must be realized by the Susquehanna and Tide Water Canal, it is unnecessary to enu¬ merate its various collateral advantages, or to enlarge upon the pros¬ pects of the enormous increase of the outgoings of a region of coun¬ try so vast and prolific. 8 In approaching your Honorable body for aid which will insure an early completion of the work, it is deemed proper to repeat, that the Chief Engineer's estimate of the cast of the entire line, is a little more than $2,600,000, including the connection with the Conestoga navi¬ gation, which the Company by law are bound to construct. This sum, judging from the advanced state of the work, the compa¬ ny feel confident, will complete it. The balance to be provided, therefore, something exceeds $900,000, but for the sake of securing certainty to the event, it would be advisable to raise a million of dol¬ lars, if practicable. Means have been resorted to, to accomplish this, but thus far have failed. The first effort was to issue bonds of the Company, bearing 5 per cent interest, redeemable in 30 years, which were forwarded to Europe by a special agent, and which was unsuccessful. The second was an issue of similar bonds, bearing 6 per cent interest, redeemable in 25 years, and convertible into the stock of the Company, any time before five years. This also, so far as the undersigned are advised, is unsuccessful. It appears that the difficulties in the way of negotiation mainly arise from the great amount of State and City securities from the United States in the European market, which are preferred to those of private companies—and it has been suggested, that if this Com¬ pany could obtain the security of the city of Baltimore, in addition to that of the Company, the probabilities of success would be great¬ ly increased. The importance of the work to the city, aad her inter¬ est in its early completion, need not be further enlarged upon. The latter cannot be accomplished without funds are speedily supplied. Your Memorialists beg leave, therefore, on behalf of the Susque¬ hanna Canal Company, to solicit of the Mayor and City Council, the guarantee of the Company's bonds, to the amount of $1,000,000, if that sum shall be required to complete the work. If successful in this application, the Company propose to issue a new set of bonds, bearing 6 per cent interest, payable principal and interest, in London, the interest semi-annually, the principal in 25 years, convertible into stock of the Company any time within 5 years. To these Bonds, they would ask to have annexed, the City's guarantee, executed in due form. With this paper, thus secured, the Company would (eel confi¬ dent of success—and to indemnify the City against any consequences that could arise from the guarantee, they would give any security in their power, and suggest that of a mortgage on their works, which it is presumed will be deemed fully adequate. All of which is respectfully submitted. JAS. HEPBURN, President. 1 HUGH BOYLE, J. W. PATTERSON, JNO. McKIM, Jr. JOS. TODHUNTER, WM. G. HARRISON, WM. BOSE, Baltimore, Jan, 21, 1839. Committee. 3 5556 042 149708 This book is a preservation facsimile produced for the Northwestern University Library. It is made in compliance with copyright law and produced on acid-free archival 60# book weight paper which meets the requirements of ANSI/NISO Z39.48-1992 (permanence of paper) Preservation facsimile printing and binding by Acme Bookbinding Charlestown, Massachusetts 2012