shall be to enter the same on the docket of said court, setting down the claimant or claimants as plaintiffs, and said company as defendant; and when the valuation, so ascertained, shall be paid or tendered by said company, said company shall have the same right to retain, own, hold and possess said materials, and the use and occupancy of said lands, for the purposes of said road, as fully and absolutely as if the same had been granted and conveyed to said company by deed.

Sec. 9. That the said company may construct the said rail road across or upon any public road, highway, stream of water or water course, if the same shall be necessary; but the said company shall, within a reasonable time restore such road, highway, stream of water or water course, to its former state, or in such manner as not to impair the usefulness of such road, highway, water or water course, to the owner or the public; when it shall be necessary to pass through the lands of any individual or corporation, it shall be the duty of said company to provide for such individual or corporation, proper wagon ways across said road.

Sec. 10. That any rail way company now, or yet to be chartered by law of this State, shall have power to join and unite with the road hereby incorporated, at any point which the directors of such company may think advisable, on such terms as the directors of said companies may respectively agree; and (in) case of disagreement, then upon such terms as the supreme court may, in chancery, determine; and it shall be lawful for. the company hereby incorporated, to lease for a term of years, or to purchase in fee simple, from the Painesville and Grand river rail road company, or from the Painesville and Fairport rail road company, the roads which may have been commenced or constructed under their respective charters; and by such leases or purchases, the company hereby incorporated shall be invested with all the rights and privileges to make and maintain a rail road from the village of Painesville that either of the companies so leasing or selling, may, at the time of such sale, be invested with.

Sec. 11. That said company may demand and receive for tolls upon, and the transportation of persons, goods, produce, merchandize or property of any kind whatsoever transported by them along said rail-way, any sum not exceeding the following rates: on all goods, merchandize or property of any description whatsoever transported by them, a sum not exceeding one and one-half cents per mile for toll, and five cents on a ton per mile for transportation on all goods, produce, merchandize, or property of any description whatsoever transported by them or their agents: and for the transportation of passengers not exceeding three cents per mile for each passenger.

Sec. 12. That all persons paying the toll aforesaid, may, with suitable and proper carriages, travel upon the said Rail-road, always subject, however, to such rules and regulations, as said company are authorized to make by the seventh section of this act.

Sec. 13. That if proceedings be not had under this act within three years from the taking effect thereof, and if said road be not completed within ten years thereafter, then the same to be void and of non effect.

Sec. 14. That so soon as the amount of tolls accruing and received for the use of said road, or any part thereof, according to the provisions of this act, shall exceed five per cent. on the amount of capital stock paid in,

after deducting therefrom the expenses and liabilities of said company, the directors of said company shall make a dividend of such nett profits among the stockholders, in proportion to their respective shares; and no contingent or accumulating fund, exceeding one per cent. of the profits of said company, shall remain undivided more than six months.

Sec. 15. That if any person or persons, shall wilfully obstruct, or in any way spoil, injure, or destroy said road, or either of its branches, or any thing belonging or incident thereto, or any materials to be used in the construction thereof, or any buildings, fixtures, or carriages, erected or constructed for the use or convenience thereof, such person or persons shall each be liable, for every such offence, to treble the damages sustained thereby, to be recovered by action of debt, in any court having jurisdiction of that amount.

Sec. 16. If the Legislature of this state shall after the expiration of thirty-five years from the passage of this act, make provision by law for the re-payment to said company of the amount expended by them in the construction of said rail-road, together with all moneys expended by them for permanent fixtures for the use of said rail-road, with an advance of fifteen per cent. thereon, then said road, with all fixtures and appurtenances, shall vest in, and become the property of the state of Ohio: Provided, however, That the sum so to be received by said company, together with the tolls received by them, shall not be less than the amount expended by them, and six per cent. per annum nett income thereon.

Sec. 17. Whenever the dividends of said company shall exceed the rate of six per cent. per annum, the Legislature of this State may impose such reasonable taxes on the amount of such dividends, as may be received from other Rail-road companies.

WM. SAWYER,

Speaker of the House of Representatives.
ELIJAH VANCE,

Speaker of the Senate.

January 21st 1836.

AN ACT

To incorporate the Franklin Canal Company.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That Henry Dixson, James Holloway, Samuel Townsend, Joseph L. Dixson, Holland Green, Jonathan Fawcett, Simeon Kerns, C. Frederick Best, and Brinton Darlington, their associates and successors, be, and they are hereby constituted and made a body politic and corporate, and shall be and remain a corporation forever, under the name of "The Franklin Canal Company;" and by that name may contract and be contracted with, sue and be sued, plead and be impleaded, answer and be answered unto, in all courts having competent jurisdiction; and may have a common seal, and the same alter and renew at pleasure; and shall be, and hereby are invest

ed with all the powers and privileges which are necessary to carry into effect the objects of this association.

Sec. 2. That the said corporation be, and they are hereby authorized to locate, make, construct, and forever maintain a slack water navigation or navigable canal, with all necessary locks, towing paths, basins, aqueducts, culverts, waste-weirs, dams, wharves, embankments, toll houses, and other necessary appendages; to commence in or near the town of Franklin Square, in Columbiana county; from thence to pass down the middle fork of Little Beaver, until it shall intersect the Sandy and Beaver canal at some suitable point north-west of New Lisbon, in said Columbiana county.

Sec. 3. That for the purpose of assuring to said corporation all the lands, real estate, waters and materials, requisite for most economically constructing and maintaining said navigation or canal, and the waters connected therewith and incident and necessary to the navigation of the same: whenever the said lands, waters and materials shall not be obtained by voluntary donation or fair purchase, it shall be lawful for said corporation, by any of their officers, and by each and every agent, superintendent or engineer by them employed, to enter upon, take possession of and use all such lands and real estate as shall be necessary for the purposes aforesaid; and also to enter upon and take all necessary materials for the construction of said navigation or canal, adjoining or near said canal or navigation, on whose lands soever the saine may be, doing thereby no unnecessary damage, they satisfying and paying all damages which may be occasioned thereby, to any person or persons, corporation or corporations, in the manner hereinafter provided.

Sec. 4. That said corporation be, and hereby are authorized and empowered to purchase and hold to them and their successors forever, real and personal estate, to any amount necessary for constructing, maintaining, and repairing said navigation or canal as aforesaid; and may receive, hold, and take all voluntary grants and donations of land and real estate, which shall be made to aid the objects of said corporation.

Sec. 5. That a toll be, and hereby is granted and established for the sole benefit of said corporation forever; and it shall be lawful for said corporation, from time to time, to fix, regulate and receive the tolls and charges by them to be received for the transportation of property or persons, on the said navigation or canal, authorized by this act: Provided, That the tolls and charges thus fixed, regulated and received by said corporation shall at no time exceed the highest rate of tolls and duties, together with the charges of freight, to which property of a similar kind is subjected, as the costs of transportation on the Ohio canal during the same period of time.

Sec. 6. That the president and directors of said corporation shall have power, from time to time, to make and ordain such by-laws, rules and regulations, as may be necessary, touching the premises, not inconsistent with the constitution and laws of the United States, and of this State; especially to fix upon and determine the size and form of boats, rafts, and all other vessels that shall be used for the purpose of navigating said slack water navigation or canal; to determine the time and manner of their passing the locks, and what commodities shall not be transported during

a want of water, should such an event happen, and also to regulate the mode of transferring the stock of said corporation: and the penalties imposed by said by-laws, rules and regulations, may be sued for and recovered by the treasurer of said corporation, or by any other person thereunto by said corporation authorized, to their own use and benefit, before any court having competent jurisdiction; the amount of which penalties shall be assessed by the court, and shall in no case exceed the sum of ten dollars; and said corporation shall cause said by-laws, to the breach of which penalties are affixed, to be printed, and a copy thereof to be placed in some conspicuous situation at each toll house; and if any person or persons shall wilfully or maliciously mar, deface, or pull down any copy so set up, said corporation may sue for and recover, to their own use, a sum not exceeding ten dollars, nor less than five dollars, of any such person or persons: Provided, That nothing contained in this section shall be so construed as to prevent boats and other vessels employed in navigating the Sandy and Beaver canal, from passing on said navigation or canal.

Sec. 7. That if any person or persons shall wilfully obstruct the water or navigation, remove or in any way spoil, injure or destroy said navigation or canal, or any part thereof, or any thing belonging thereto, or any materials to be used in the construction or repairs thereof, such person or persons shall forfeit and pay to said corporation double the amount of damages sustained by means of such offence or injury; to be sued for and recovered with costs of suit, in action of debt, in any court having competent jurisdiction, by the treasurer of said corporation, or by any person thereunto by said company authorized.

Sec. 8. That whenever any lands, waters, or materials shall be taken and appropriated by said corporation for the location or construction of said canal or slack water navigation, or any work appertaining thereto, and the same shall not be given or granted to said corporation, and the proprietor or proprietors do not agree with the said corporation as to the amount of damages or compensation which ought to be allowed and paid therefor, and shall not mutually agree upon some person or persons to appraise the same, the damages shall be estimated and assessed by three commissioners, to be appointed by the court of common pleas for the county in which the damages complained of are sustained, in manner following: whenever said corporation shall have located said slack water navi gation or canal, or any part thereof, and shall have put the same under contract, or shall have used any water or materials for the construction thereof, any person or persons, corporation or corporations injured thereby, may at any time within twelve months thereafter, file his, her or their claim for damages, in writing, particularly describing the premises, with some one of the said commissioners, or with the clerk of the court of common pleas for the county in which the damages complained of are sustained; and said commissioners, or any two of them, having been first duly sworn to a faithful and impartial discharge of their duties, within a reasonable time thereafter, (they themselves having had notice from the claimants in case the claim is lodged with the clerk of the court of common pleas, that such claim has been filed,) having given previous notice to all parties interested, of the time and of the claims to be examined, by publishing an advertisement thereof three successive weeks, in some news

paper printed in said county, or in general circulation therein, in case none should be printed in the county, shall meet and pass over the premises so used or appropriated by said corporation for the purposes aforesaid; and after hearing the parties in interest, or such of them as desire to be heard, shall, according to the best of their skill and judgment, estimate all such damages they shall think any person or persons, corporation or corporations, have sustained or will sustain by the opening of said canal or slack waternavigation, through his or her or their lands, or by the construction of any towing paths, basins, wharves, or other appendages, or for any materials used in the construction thereof, over and above the benefit and advantage, which said commissioners shall adjudge may accrue to such person or persons, corporation or corporations, from opening said navigation or canal; and the said commissioners, or any two of them, shall make a report in writing, and as soon as may be file the same with the clerk of the court of common pleas for said county, and the same may be made the rule of said court at the next succeeding or any subsequent term thereof, and said court may affirm the report when so filed, or proceed therein as in cases of appeal from justices of the peace, as the justice of the case may require; and the report of said commissioners, when affirmed and recorded, shall forever be a bar to any action commenced or to be commenced for damages against said corporation on account of the injury for which such damages were awarded; and if the party filing a claim for damages as aforesaid, shall fail to obtain damages in his favor, such party shall be liable for all costs arising from such application, and the court may enter judgment and issue execution therefor, as in other cases; and on all judgments against said corporation for damages assessed as aforesaid, or for the costs thereof, execution may issue, and may be levied on the goods and chattels, lands and tenements of said corporation; and said commissioners shall be allowed three dollars a day each for their services, under the provisions of this act, to be paid by said corporation, except as hereinbefore provided: all persons and corporations conceiving themselves aggieved by the company, under the provisions of the third section of this act, who shall omit to present their claims, as aforesaid, for adjustment, within the said term of twelve months, shall be deemed to have waived all right to demand damages therefor of said company..

Sec. 9. That in all cases where any bridges across the said middle fork of the Little Beaver, are so located, that said navigativn or canal cannot be laid out and made, without interfering therewith, it shall lawful for said corporation to cause such bridges to be so altered as that said navigation or canal may be laid out and constructed: Provided, That said corporation shall cause such bridges thus altered to be put in as good repair, without delay, as the old ones were at the time of removing them, at their own cost and expense.

Sec. 10. That the said corporation shall be, and is hereby authorized to raise sufficient funds for the accomplishment of the objects aforesaid; and for that purpose, the persons named in the first section of this act, or a majority of them, shall be commissioners, whose duty it shall be, so soon after the taking effect of this act, as a majority of them shall judge proper, to cause books to be opened at such times and places as they shall think fit. under the management of such persons as they shall appoint, for receiv