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Logansport Canal Telegraph (Newspaper) - January 30, 1836, Logansport, Indiana
0 g to it xxx it a a al lilo s. Lasselle amp j. B. Dillon,, saturday Jan. 80, 1886 no. 29. An act to provide for a general system of internal improvements. Sec i. A it Ena de Buth quot. General Assn Fly of the sta eur iii Diahl that six persons shall be App Etc by the governor by and with the disc be Ietna consent of the Senate who to a therewith the present canal commissioners i Rivall constitute a Board of internal improve to neh to serve for three years from and after their appointment the first appointments shall however the divided into three classes by lot at their first meeting. The term of service of the 1st Cly shall determine at the expiration of one year the 3d a lass at the end end a be Aguf i Tetro Lon i As their set i vices Miv a quot Equihu a and shall l e Haiti to at any time by impeach iia icat or join Feso Luton. Fec. 2. The said canal Titus constituted members of Saiid Board shall re. Up Rively hold their therein during the Imit for Wlinich Tivey would have served As a nal commissioners and their vacancies shall then be till a in the same manner As is provided for the appointment of the Otner members of said Board in the foregoing Section and Timeir service shall continue in like manner and be subject to like removal. The Hovenier in making the nominations As above provided Liall in addition to tiie qualification is for the discharge of tiie duties of the Soltice have regard to tie local situation of the no mince so that Sacii work May be represented in said Board by a suitable person residing As near As Pratti Paulc thereto. Sec. 3. The Board thus constituted Liall be called tie state Board of internal improvement shall take the same oath and give the same Bond As is now required by Law of the. Canal comi missioners. They shall locate under tiie provisions of this act and surf ring Enid tiie several works of internal improvement in Titis slate and Zolj Sesnie Aniual meetings and As a Tiuli Fiener As they May deem necessary five members Eoas Tilnile a quorum aii i icy Suall each receive As a Compi Usai iii i of Leneir services tic sum of two dollars per for evry clip iii Cesar Ray cup Loaird and an ilio Waitice Abr to ii veiling and Oiler Onang Clit Dpi. I pics. Dec. 4, ill uie Neelings of said a by shall ii Termine the general outline oct Licop. I Ioas in Reia Tiomi to such works of internal As May be authorized bylaw do Ien Jiining questions of Ini Ortance it Urmi Teri to them a re Latina to said works and to Assi to in uie Cainin Avion of accounts and making reports to the general a Semidy find As soon As any work or canal line shall be ready to Lee placed under contract the a Iid Lioard Sialle Lect one of their minibars to serve As acting co on said line whose duly it Liall be to superintend the Sam j under llie general i motion and during the plea ure of said Bird. A record of the proceedings of said Board be kept by Triem As also an accurate account of the moneys expended on each route at Well As every Otner m Atter that m by a Gariy come under their supervision or control b virtue of this act. Sec. 5. Tiie said Board of internal in preve Lent is Here authorized and to adopt such measures As May be Nice it sary to commence construct and comply the within a reasonable time the following works Viz 1st. The White water canal commencing on tie West Branch of the White water River at tiie crossing of the National Load thence passing Down the Valley of the same to the Ohio River at Lawrence Burgh and extending up the said West Branch of the White water above the National Road As far asm a be practicable also a connexion Between the said a Hiie water canal and the Central canal by a canal if practicable if not by a rail Road to commence at some Point near the Iau onal Road thence to be continued to some suitable Point on said Central in Madison or Deleware coun its As the Sam May be Lound Mosi practicable and Best Cal Cubiat a to tue inheres is of tiie state and for me coir Iranon of a Aid works the sum of one million four Loudred it is hereby Appi Ona Vej Rovid. Howl car Tiia if the state of of iii shall ulu mately refuse to Grant leave for the construction of that part 01 tiie White water canal which passes through her territory the said Board shall construct a rail Road from some Point near Harrison to Lawrence Burgh keeping it wholly within the territory of this state in lieu of the canal As now located Between those Points and pay for the construction of said Road out of the moneys appropriated for the construction of said White water canal. 2d. The Central canal commencing at the most suitable Point on the Wabash and Erie canal Between fort Wayne and , running thence to Annc Eitown thence to Indianapolis thence Down the Valley of the West irk of White Hiver to its Junction with the East Fork of said River and Prience by the mor practicable route to Evansville on the Olio River up Jitter of however tiie said Board of a Etc real Frap movement May in it shall be found Inott practice ask and it conducive to the inter Creek route in the line North from Indianapolis then and in that a feeder 8h�il be made to commence at Mun Etown and com mim Caie with Sai l Central canal at some convenient Point on the same which feeder shall be of equal size and capacity with the main canal and made equally convenient for the purple of navigation and be con trusted with the said main canal and in All other respects provided for in like manner with the same. For the construction of which Central canal and feeder the sum of three millions five Hundred thou said dollars is hereby appropriated. 3d. Ii Extension of the Wabash and Erie canal of second Yew am the 3d Cla at the the Vabish to Terre of Fie to Laird year so titt Girt i a ind to Ince by the route As surveyed on a quot River so As to connect with the Central i Aijala at the Point designated in said Survey or Els. By t be most practicable route from Terre haute so As to connect with us Central canal at or near the Mouti it of Black Creek in nox county or at some in Ienn Diate Point it tween said Points As on further Survey and examination of said routes be lond most Condu Ivelo the Public Good l or the construction and completion of tiie or Extension of said Wab ish and i l in tiie sum of one million three Hundred thousand dollars is hereby appropriated. 4th. A rail Road from Madison tii Rouglin Columbus Indianapolis and i Rawford Ville to Lafayette to be called the Madison and Lafayette Mil Road to construct which the sum of one million three Hundert d thousand dollars is hereby appropriated. 5th. A Mcadam Zed Turnpike Road from new Albany through Greenville thence As near to Fredericksburg As shall be found practicable having in View the expense of construction and Public accommodation through i Ali mount pleasant and Washington of Vincennes for the construction of we iii the sum of one million one Hundred and fifty dollars dollars is hereby appropriated. The. And the said Board is hereby author Izi land directed to cause a re Survey of tin route from Jacif Sonville via n. Allany Salem Bedford lilo min. Toti and Greencastle to Cra a Birdsville to be made before the Lirosi Daj of october not al and if upon Sulci Survey so made it s my be found practicable to con it Lynh a Kail Road on said route tie sum of oin Idillio it ree Lindred thousand dollars is Iier. Y appropriated for its construction. But in. Afier sue Survey and examination shall have been made he Coas Nicison of the said flail Oad be d pm 1 al be. Ii Shal and is hereby made tie duty of said Board to const act a my Dami Zed Road on the route aforesaid and in Liat Evanl tie Mie amount is lie Rel y a j Proi i baled for its construction to wit the sum of one million Tiree Hundred thousand dollars and then and in Lihcit Eveni the said Board Liall either commence said Road at Sal m. Or make such Ari anger ends a m y be deemed expedient and consistent with the interest of the state with the Salem and Elro Turnpike company provided him r a t Ial a Iid Board shall not make any arrange ments with said quot company of quot otherwise w Ide shall live tie off it to divert said vol in most direct and practicable route for the Sam Between Salem and new Albany. 7. The sum off Fly thousand dollars is Here by appropriated for to removal of of Struc tons to navigation in the Wabash Riv it r Between its Mutli and the town of Vincennes which said sum of Lifty to Tousand dollars shall be part of the first loan eff cited under the provi ions of this act to be expend d under the direction of the said Board of internal improvements for the removal of said of Struc tons As soon ast in same can be done in a manner Best calculated to promote the Buldic interest. 8th. And the said Board Are hereby a tii Oriz d and required to cause during tin present , a sur vey and estimates to be made of a canal if practicable if not a rail Road rom the and Erie canal at or near i Ori Wayne the Way of Goshen and South b and and Porte if practicable to Lake in Pigati Ator nar Vlic ii Gan City to be Cal Dihe Eri and Michigan canal or rail Road id iou a o l e kept within the limits of this ate. For the comment ment of which wit in t n y a s. A the i Frelion of tie said Board of internal Impi Over it and the final completion of tiie Sam the of the state is hereby Irre vocally pledged and tie Money necessary to construct tiie said work shall be Obi lined in the same manner As is provided for Osiier works in his act. Sec. 6. The said Board in constructing that part of the Wab Asli and Erie canal which lies Between Lafayette and Terre Haule have Power to connect by Lockage and otherwise the canal with the Wabash River on Section number forty seven and at such other places w Here the interest of the state and the convenience fits citizens shall in their opinion be promoted by such connexion. And the said braid also be Auti ionized and required upon Applina Ion being made to permit any county or association of individuals to tap any or either of the canals herein mentioned and provided for at any Point i upon said uits of the tale select the lower or pipe canals by Side i Cut canal or canals we Eiith var in the opinion of said Board the navigation of said canal or canals shall not be injured there by. Sec. 7. For the purpose of construct Ting the several works authorize d by this act there shall be a fund for internal improvements which shall consist of All the moneys which May he raised by the Sale of stocks or in any other manner by virtue of the Loans authorized by Law and of All appropriations Wlinich May have been made or we iii May hereafter be made for those objects All the proceeds or moneys which May be derived from the tolls and rents of said works and of All Grants or donations which May be recce from individuals to Aid in their completion together with All the profits and Guteres Ich May accrue from their construction in any manner whatever. Sec. 8. The said canal fund commissioners Are hereby authorized and required on Behall of the state to contract with any individual company or corporation at such times is hey May be directed by the Board of internal improvement for a loan or Loans from time to time in All not exceeding the sum of ten millions of dollars on a credit of Twenty five years said loan or Loans to be at a rate of interest not exceeding five per cent per annul and to be so negotiated Liat the same May by drawn and Bear interest at any time As Earh As practicable lie to Tivey May be advised by tue Board of internal improvements that it will be required for the Progress of any of the works of internal improvement to which the same has been appropriated by Titis act and the said commis toners of the canal fund shall Issue for such Loans transferrable certificates of Stock in the name of the state which a Ien signed by them shall be valid and to facilitate the purposes herein contemplated the commissioners of the canal fund shall have Power to make such arrangements relative to obtaining Loans the payment of interest thereon and the transmission and deposits of Money As they May deem conducive to the interest of the stale. Sec. 9. For the punctual payment of the interest and final it. Dem lion of the principal of do sum Sot Money which May be borrowed under the provisions of this act there shall be a ind hereby Are irrevocably pledged and appropriated tie canals rail and Turnpike roads like to Lions of ground thereunto Apper Laining and privileges tiie Reby created and 11,e r its und profits of tiie water Power there together wit i the Nett proceeds of tolls Oll acted thereon to c Sifi t in i c of v i h for the purposes Afore said inc state of Jedi i Nadotti h. Reb irn vocally Guarani acc. Sec. 10. Tie said canal fund commissioners Are Herel y authorized to negotiate a loan not exceeding the sum of five Hun red thousand dollars in addition to tie Loans heretofore authorized by Law for the canal fund the proceeds of Wirich shall be applied to finish thai part of the Wabash and Erie canal which lies Between the Ohio state line and the month of the i Ippe Caiiou River and within the land granted by Congress to Aid in the construction of said work Wirich a iti Jority of contract Sai loan on the credit of the state is ill be As ample and governed in every respect by the Sam it provisions it As save governed the Loans Wirich Lave heretofore been authorized Liy the Sevir al acts of Titis state it by that purpose and Foi the punctual payment of the principal and in Erest on Sai l loan or loins the said Cana quot when constructed its dolls its interest and profits derived therefrom and the proceeds of tie canal lands Are hereby pledged the sufficiency of which to pay tiie interest and Principa of said loan or Loans As the same shall become due. The state lie re by guarantees. Sec. Ii. Distinct accounts shall be kept o All disbursements of Money which have been or which hereafter be made for the construction of that Pirt of the Wabash and Eri canal which lies East Wardly of the Tippecanoe River within the Grant of the canal lands and the amount of such expend Tures shall be charged to and paid out of the canal fund Anci an account also kept of tie tolls which a be received on that part of the canal in Ord that their amounts As Well As the proceed arising from the sales of the canal lands a be strictly applied to the payment of the Cana fund for which by various acts of the Genenie Assembly they have been specifically pledge Sec. 13. The members composing the Board of internal i a improvement shall meet As soon after their appointment As convenient and choose one of their members to be presi Dent of said Board and appoint a Secretary whose duties and compensation they shall Reg ulate. The president of the Board shall hav Power to Call meetings of the same when in Liis opinion tie Public interest May require it and said Board shall have authority to adjourn from time to Lime to meet at any other place the May think proper and have Power to employ Sacii engineers agents and other assistants As the interest of tiie state shall in their opinion Demaid to enable them to discharge the duties required of them by this act and to pay such engineers agents and assistants for that air services such sums As in their of Union May he a reasonable compensation for the duties Wirich they May p. Form. Sec. 13. The said Board of internal in prov meat shall be authorized to give drafts or checks from time to time Paya Hje to such persons and at such places on the commissioners of the canal fund and receive from them All such sums of Money As May he necessary for the prosecution of he works contemplated by the acts of the general Assembly in relation to this subject under such rules Regul to tons. And restrictions As the said commissioners of the canal fund May deem necessary for its Security and proper application and the said Board of internal improvement cause the same to be expended in the mos economical manner on the works of improvement authorized by this act at such t Mesa id places and in such sums As Uliey May it iii most conducive to the interest of said work to establish reasonable tolls and adopt All measures necessary for the collection and payment thereof to the commissioners of the c a nal fund and report to the legislature at each session thereof the state of said works with an account of the expenditures together with their proceedings under this act and re commend such measures As they m in think advisable to promote the objects intended Liy this act and likewise when called upon by the governor to report to him from time to tim it Sacii information As he May require. Sec. 14. The Board of internal improvement is hereby aut Joriz d to put under contract and construct that part of the Wabash and Erie it Janal which lies Between the Tippecanoe River and the of iii state line and an and All such portions of the several works a it Are authorized by this act to make such minor changes in the hues already located Sulci re surveys and at such times and places As the shall deem most conducive to the Public interest having regard always to Economy and the most profitable and Early receipts of tolls. Sec. 15. The commissioners of the canal fund s All make reports to the auditor of Public accounts of their receipts and disbursements growing out of the provisions of this act. In the same manner As they Are now required Law in relation to canal and other funds under their direction and the Board of lateral improvements shall also Render to the a editor an account of their disbursements in the ame manner As is now by Law required of the commissioners of the Wabash and Erie canal ind for the increased duties of the auditor of Public accounts he shall be allowed for clerk lire a sum equal to the compensation paid b the commissioners of the canal fund to thei Secretary. Sec. 10. It shall be lawful for the Board of internal improvements and each of the Mem Bers thereof by themselves or by any superin Pendant agent or Engineer employed by them lot enter upon and take Possession of and a i ill and singular tiny lands streams and mate also any and every description necessary la the prosecution amp completion of the improvements contemplated by this act and to Mak it All such canals feeders dams locks rail roads Turnpike roads and other works As Ihry Mav think necessary for making said improve n s. Avoiding in All cases unnecessary damage o injury to the property. Sec. 17. In All cases where persons May feel aggrieved or injured by the construction of any of tie works contemplated Liy this act. Or by the use of mat trials for tiie same the son or persons so feeling aggrieved or injured shall Mike out a written Statem nto the cause of such complaint particularly Dot bribing the nature of the injury and tiie itt Lerest of the complainant or complainants therein and deliver the same to the Melhei of the Board of internal improvement hav inthe superintendence of that part of the Puhlin works which is supposed to occasion such injury or under whose super ite danc a said supposed injury was committed which written statement by said superintendent be copied into a Book to be kept for Itiat purpose and said superintendent shall Lay said complaint before the Board of internal improvement at Timeir next Semi annual meeting thereafter which shall be filed among the papers of said Board and said Board shall thereupon n Fer the Subj it of said complaint to tire disinterested persons As appraisers to b named and appointed by said Board of in Ernal improvement to appraise and assess the damages of such complainant or complainants. The said Board shall fix the time or times and place or places for said appraisers to me and cause Rea enable notice of the same to b Given to such complainant or complainants of the time and place of the meeting of said appraisers and when said appraisers Are so met shall be sworn to do impartial Justice Between the state and complainant or complainants according to the Best of their understanding and shall bring before them and either of them shall swear such witnesses As they May think Justice requires and their decision and award they shall report to the said superintendent to whom the complaint was made or his successor and by him the same shall be copied into a Book procured for the purpose which decision of said appraisers shall be final unless i their party shall think proper to Appeal to the circuit court of the county where such cause of dil Terence arose within thirty Days after the decision and award of said appraisers and when such Appeal is taken it shall be governed by the same rules and regulations As appeals from judgments of justices of c it no Bond shall be required of the Sfa to in Case she May be the supposed injured pah and on any Appeal being taken the my a a a r of the Board of internal improvement l aying Possession of the books containing the quot said i complaint and the award of said appraiser it quot fall take the necessary Appeal Bond sufi Iciel. In his opinion of cover double the amount of t be costs and shall also make out and Cert it a transcript of said come plaint together with he award of the appraisers in the same manner As transcripts Are required to be certify d by justices of the peace in Case of appeals and in All cases in the assessment of damages As in a his Section provided for the Appal eni the Souror jury shall take into consideration the Benefit Ujj resulting to such complainant from Trie construction of the works which occasion lit supposed injury and the damages so a messed by said appraisers when no Appeal is liken or the amount settled by the judgment of a judicial tribunal shall be paid to the party Muju de by the Board of internal improvement Pruvli led Ilia no claim shall he recovered of provi Aid by said Bourd unless the afi plication there Abr be m Ide As herein provided wit in two years next after the property shall have been taken Possession of As aforesaid pm Cidad that no sult i Appi Kaiser or juror shall be the owner or k see of any real properly situated on or iii in one mde of he line of the said w Ork of improvement for damages for the construction of which such claim or complaint May be made. Sec 18. The said Board of internal i prove i it shall by any one or More of its members proceed in do time pro get d along Ilie lines of the said several works herein it on template and take from the several individuals i Hough Wii Ose lands any of Faid i on Lem plated works May pass or which May be contiguous thereto releases to the slate of the land Timber Sand Stone or other material for the purpose of constructing any or All of said works or for repairing the a me and for budding ground for the a a a Stout Ion of Mills or other Hydraulic machinery to be propel d by the water Power of any such canal and also to enter and Purchase on behalf of tie state any lands lie longing to the Gene ral government or to individuals Coli go Nous to such work for the same purpose and file the same in the office of the Secretary of state which releases shall operate so As to Vest in said state a full and Complete right to enter upon use and take the same and at All times thereafter. Sec. 19. Said Board or any member As aforesaid in taking releases As aforesaid is hereby authorized in consideration of any privilege granted by individuals o the state 01 the Rig it of Way or other privilege to on tract with such individual on Bol a of the state to erect said canal and Bridge or Bridges for tie Benefit of such individual and the Public. Sec. A a. In erecting any Bridge or other Truci Urc a it to s any River or str in. Llie said Tigard cause to be on Struch a in add Ion to the usual structures a acc sary for a canal or rail Way a Way for wagons and carriages if Tley shall deem it expedient. Sec. 21. J in appraisers appointed by the Lioard of internal improvement to assess damages in pursuance of the provisions of the tenth Section of this act Liall each be allowed the same compensation per Day As is or s Lall be allowed to a member of the Board of internal Ini prove i ent and so much of the Laws of this Strite now in Force a provides for creating continuing or quot compensating a state Board of appraisers be and tiie same is hereby repealed. S c. Ujj. So soon As the site of any lock. Jam or other Structure on any or either of lie or feeders s authorize d by this act Liall he Dei. I Nii Ned on at iii ii there Wil be any water Power created it shall be the duty of like Board of internal Ijiro vement to Pio Eure by donation or Purchase on behalf of and tor like use of the state the necessary ground for the profitable use of such water to s or provided the same can he procured at w iat said l Oard May consider a fair or reasonable Price. Sec. Whene Crin the opinion of tie Board of internal improvement there shall or May be surplus water Over and above the i Pintily required for navigation in either of llie to aii als or feeders authorized by this act of at any dam erected at the expense of the Slator where the water which or can be passed around any lock lion one level to Anol ier without injuring the navigation May of sufficient so propel Hydraulic machinery the Isoard of internal improvement is Hen by sized to cause such surplus water with such portions of ground belonging to the state As May be necessary to its use to be leased to the highest bidder for Hydraulic pure oses a der such conditions and restrictions As they May deem necessary and proper Abr the inter est of tho slate but no water be Leas d unless the ground on which it is proposed the be used be the property of the state. Sec. 24. Every lease Grant or co vey unce of water Power made in urs Aiice of to is act shall contain a reservation or condition that the state by its d agent of Agi its May at any time Reserve the right to use the water or any part thereof wac Severit May be a Cressaty for the imjr.0�t6 of Taviga
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