Indiana American, Volume 4, Number 5, Brookville, Franklin County, 29 January 1836 — Page 2

Internal Improvement Bill. ACT to provide for a funeral system of Inter nal Improvements. Sec. 1. Be it enacted by th General Asscm

b'u of the State of Iniiana, That six persons

shall be appointed by the Governor by and i Vey,or else by the most practicable route from with the advice and consent of the Senate, ' Terrc Haute so as to connect w ith the Ccnw ho, together with the present Canal Corn-j(ra Canal at or near the mouth of Black uissioners. shall constitute a Board of Inter- Creek in Knox county, or at some intermcu il Improvement to serve for three years from jjjac poi nt between said points as shall, on nd after their appointment; the first np-' furtllcr survey and examination ofsaid routes, nointments shall however be divided , j,c found most conducive to the public good.

into three classes, by lot, at their hrst j j,"or the construction and completion of the meeting. The term of service of the 1st class j continuation or extension of said Wabash and -hall determine at the expiration of one year. i?vc Canal the sum of one million three hunthe 2d class at the end of the s econd year,and j jrcj thousand dollars is hereby appropriated, the 3d class at the end of the third year, so i 4t,, Rail Boad from Madison through ! hat one third may be annually appointed so Columbus, Indianapolis, and Crawfordsviile long as their services may be required, and ; to Lafayette, to be called the Madison and shall be liable to be removed at any time by ! Lafayette, rail road, to construct which the impeachment or joint resolution. Isum of one million three hundred thousand Sec. 2. The said Canal Commissioner j dollars is hereby appropriated, thus constituted members of said Board shall j 5th. A McAdamized Turnpike Road from respectively hold their cilices therein during ew A! ban' through Greensville, thence as the time for which they would have served as!ncar to Fredericksburnh as shall be found

''anal Commissioners, and their vacancies shall then bo filled in the same manner as is provided for the appointment of the other nembers of said Board in the foregoing section, and their service shall continue in like manner and be subject to like removal. The Governor in making the nominations as above provided shall, in addition to the qualitiea - t ions lor the discharge ot the duties ot the ol-

;ce have regard to the local situation of the roH,e from Jedorsonville via. N. Albany, Sanominee. so that each work may be represent- j jom, Bedford. Bloomington. Grecncastlc to ed in said Board bv a suitable person residing ; Pt riu fmiUvili.'. to be "made bcfoic the first

as near as practicable thereto. Sec. 3. The Board thus constituted shall nc cancu tne iiuie uoaru ot internal Jm - provement, shall lake the same oath and givc the same bond as is now required by mw of Canal Commissioners. They shall loeatc.un -

der the provisions of this act. and superintend j ,(,0 paid iaj 0;u' syi )C deemed impractithc several works of Internal Improvement in j t!X)c. it shall be and is hereby made the duty his state,and hold semi-annual meetings, and j 0fsajJ Hoard to construct a McAdamized is much oftener as they may deem necessary. ! Road on the route aforesaid, and in that event Five members shall constitute a quorum, and ; (,c ?amc amount is hereby appropriated for they shall each receive as a compensation for ; its construction, to-wit, the sum of one million their services the sum of two dollars per day J ,irrc handred thousand dollars-, and then and for every day necessarily employed, and also tj ,iat CVcntthe said Board shall cither coman equitable allowance for travclling'and j mcnce said road, at Salem, or make such arother contingent expenses. j rangemcnts as may be deemed expedient and Sue. i. In the meetings of said Itoard consistent with the interest of the stale with

they shell determine the general outline of the operations in relation to such works of in ternal improvement as may be authorized by law,determining questions of importance submitted to them in relation to said works, and to assist in the examination of accounts and making reports to the General Assembly, and as soon as any work or canal line shall be ready io'hc placed under contract the said Board shall elect one of their members to serve as acting Commissioner on said line, whose duty it shall be to superintend the same under the general direction and during the pleasure of t.nid Board. A record of the proceedings of c.iidIIoard shall be kept by lucm, as also an accurate account of the moneys expended on each route, as well as every other matter that may legally come under their supervision or control, by virtue of this act. Sec. 5. The said Board of Internal Improvement's hereby authorized and directed to adopt such measures as may be necessary to commence, construct and complete, with in a reasonable time, the ollownig works, viz: 1st. The While Water Canal, commencing on the west branch of the White Water river, at the crossing of the National Road, thence passing down I he valley of the same to the Ohio river, at Lawrenceburgh, and extending up the said west branch of the White Water above the national Road as far as may be practicable: also a connexion between the said White Water Canal and the Central Canal.hy a canal, if practicable, if not by a Ra:l Road, to commence, at some; point near the National Road, thence to be continued to some suitable point on said Central Cinal in Madison or Delcaware counties, as the same may be found most practicable and best calculated to promote the interests of the state; and for the construction of said works the sum of one million four hundred thousand dollars is hereby appropriated; Provided Aonvrrr, That if the ftatc of Ohio shall ultimately refuse to grant leave for the construction of that part of the White Water Canal which passes through her territory, the said board shall construct a Rail Road, from some point near Harrison to Lawrenceburgh. keeping it wholly within the territory oi tins state, in lieu ol (lie canal as now located between those points, and pay for the construction ofsaid road out of the moneys appropriated for the construction of said While Water Canal. 2d. The Central Canal, commencing at the most suitable point on the Wabash and Erie Canal between Fort Wanyc and l.ogansport, running mence to Muncictown, thence to Indianapolis, thence down the valley of the west fork of White River to its junction with the east fork ofsaid river, and thence by the most practicable route to Evansville on the Ohio river; Provided however, the said Board of Internal Improvement may. if it shall he found most practicable and conducive to the interests of the state, select the lowcror Pipe creek route in the line north from Indianapolis, then and in that case a Feeder shall be made to commence at Mancietown and communicate with said Central Canal at some convenient point on tne same, w inch toc-der s h .11 ho ! equal Size and capacity with tlif m:.in . nn.il. .-in.1 made equally convenient for the purposes of navigation and be constructed simultaneously w ith 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 navigable Feeder, the sum of three millions five hundred thousand dollars is hereby appropriated.

3J. An extension of the Wabash and Hric Canal from the mouth of Tipprcanoe river down the valley of the Wabash to Terre

' Haute, and (.hence by the route as surveyed on Eel river, so as to connect with the Ccntrai Canal at the point designated in said stir ; ,,,-acticable. bavin" in view the expense ol construction and public accommodation. through Baoli, Mount Pleasant, and Washington to Vincennes; for the construction of which the sum of one million one hun dred and fifty thousand dollars is hereby a p- ! pioprialed. i And the said Board is hereby anthorizcd and directed to cause a re-survey ot the j t'av of October next, and if upon such survey ! so "llK,Jc H shall be found practicable to conS.rucl a jajl i;oaj, on saul route, the sum ol ouc miilion three hundred thousand dollars is I cre,v appropriated for its construction. 1 Rllt jf. after such survev and examination of j thc Salem and Ohio Turnpike Company: Protided hanever. that saul Board shall not make any arrangements with said Company or otherwise which shall have the effect to divert said road from the most direct and practicable route for the same between Salem and New Albany. 7th. The sum of fifty thousand dollars is hereby appropriated for the removal of obstructions to navigation in the Wabash river between its mouth fc the town of Vincennes; which said sum of fifty thousand dollars shall be part of the first loan affected under the pro ision of this art to be expended under the direction of the said Board of Internal Improvements for the removal of said obstructions as soon as the same can be done in a manner best calculated to promote the public interest. Slh. And the said board are hereby authorized and required to cause, during the present year, a survey and estimates to be made of a canal if practicable, if not a Rail Road from the Wabashand Erie Canal at or near 1 oi l ane, by the way of Goshen and South Bend, and Laportc. if practicable, to Lake Michigan, at or near Michigan City, to be railed the Erie and Michigan Canal or Riil Road; said route to be kept within the limits of this state. For the commencement of which, within 10 years, at the discretion of the said Board of Internal Improvement, and the final completion of the same, the faith of the State is hereby irrevocably pledged; and the monev necessary to construct the said work shall be obtained in the same manner as is provided for other works in this act. Sec. G The said Beard, in constructing the part of the Wabash and Erie Canal which lies between Lafayette and Terre Haute.shall 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 of its citizens shall in their opinion be promoted by such connexion. And the said Board shall also be authorized and rcquircd.upon application being.made, to permit any county or association of individuals to tap any or eitherof thccanals herein mentioned and providedfor, nt any point upon said Canals by side cut Canal or Canals, whenever, in the opinion of said Board, the navigation of said Canal or Canals shall not be injured thereby. Sec. 7. For the purpose of constructing the several w orks authorized by this act, there shall be a fund for internal improvements, which shall consist of all the moneys which may be raised by the sale of stocks, or in any other manner bv virtue of the loans authori zed by law. and of all appropriations which may have been made, or w hich may hereaf-l ter be made for those objects, all the

proceeds or moneys w hich may be de- as tiiey may think necessary for making said imrived from tolls and rent of said works, ' provements, avoiding, in all cases, unnecessary and of all grants or donations which may be damage or injuiry to the property.

received from individuals to aid their romnle- I fiim. I.trt r r vi f 1, ,ll ilk., niit i'ii.. -.,.1 s.,t !

w Inch mav accr.e from their construction m ! ,hR orks contemplated by this act, or by the use - . . ot materials tor the same, the person or persons so any manner whatever. j feolmff jeved or injured,shall make out a writSec. 8. The siid Canal Fund Commissioners ten statement of the caiic-e of such complaint, parare hereby authorized and required, on behalf of the i ticularly describing the nature of the injury and the

state t'i contract with any individual, company, or j corporation, at such times as they 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 ta be at a rate of interest not exceeding live per cent, per annum, and to be so negotiated that the same may be draw n

and bear interest at any time as earl as practicable when they may be adviaed by the 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 this act, and the said Commissioners of ttie Canal Fund shall issue foreuch loans transferable certificates of stock in the name of the state, which when 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 state.

Sec. 9. For the punctual payment of the interest and final redemption of the principal of allsun.s of money which may he borrowed under the provisions of this act, there shall be and hereby are irre vocably pledged and appropriated, the Canals. Hail and Turnpike Roads, with the portions of ground thereunto appertaining and privileges thereby created, and the rents and profits of the water power thereof, together with the nett proceeds of tolls collected thereon, the sufficiency of which for the purposes aforesaid the State of Indiana doth hereby irrevocably guarantee. Si:e. 10. The said Canal Fond Commissioners are hereby authorized to negotiate a loan not exceeding the sum of five hundred thousand dollars in addition to the !oans heretofore authorized by law for the canal fund, the proceeds of which shall be applied to finish that part of the Wabash and Krie Canal which lies betw een the Ohio state line and the mouth of the Tippecanoe river, and within the lands granted by Congress, to aid in the construction ofsaid work, which authority to contract said loan on t lie credit of the state shall be as am ple and governed in every respect by the same pro visions as have governed the loans which have here-

tofore been authorized by the several acts of this : the award of the appraisers, in the same nanner as state for that purpose; and for the punctual pay- tronscripts are required to be certified by justices ment of the principal and interest on said loan or j of the peaee, in case of appeals; and in oil cases loans the s:iid Canal when constructed, its toll, its in the assessment of damages as in this section prointerests and profits derived therefrom, and the ! vided for, the appraisers, the court, or jury shall proceeds of the (.'anal land are hereby pledged, the 'take into consideration the benefits resulting to sufficiency of which to pay the interest and prinei-! such complainant from the construction of the

pal of said loan or loans, as the same shall become due, the state hereby guarantees. Sec. 11, Distinct accounts 6hall be kept of all disbursments of money which have been or which shall hereafter be made for the construction of that nart of the Wabash and Krie Canal which lies eastwardlyofthe Tippecanoe river within the grant of the canal lands, and the amount of such expenditures shall he charged to and paid out of the canal fund, and an account also kept of the tolls which may be received on that part of the Canal, in order that their amounts, as well as the proceeds arising from the sale of the canal lands, may be strictly applied to the payment of the canal fund for which by various acts oi" tho General Assembly they have been specifically pledged. Ste. 12. The members composing the Board of Internal Improvement shall meet as soon after their appointment as convenient, and choose one of their members to be President ofsaid Board, and appoint a Secretary, whose duties and compensation they shall regulate. The President of the Board shall have power to call meetings of the same when in his opinion the public interest may require it, and said Board shall have authority to adjourn from time to time to meet at any other place they may think proper, and have power to employ such Engineers, agents, and other assistants as the interest of the state shall in their opinion demand, to enable them to discharge the duties required of them by his act, and to pay such Engineers, ngeiitt, and assistants for their services such sums as in their opinion may be a reasonable compensation for the duties which they may perform. Sec. 13. The said Board of Internal Improvement shall be authorized to give drafts or checks from time to time, payable to such persons and at such places on the Commissioners of the Canal Fund, and receive from them all such sums of mon ey as may be necessary for the prosecution of the works contemplated by the acts of the General As sembly in relation to this subject, under such rules, regulations, and restrictions as the said Commis sioners of the Canal Fund may deem necessary for itt security and proper application, and the said Board of Internal Improvement shall cause the same to be expended in the most economical manner on the works of improvement authorized by thisact,at such times and places and in such sums as they may deem most conducive to the interest of said works, to establish reasonable tolls and adopt all measures necessary for the collection and payment thereof to the Commissioners of the Canal Fund, and report to the Legislature at each session thereof the state of said works, with an account of t tie expenditures, together w ith their proceedings under this act, and recommend such measures as they may thing ad visible to promote the objects intended bv this act, and likewise when called upon by the Governor to report to him from time to time such information as he may require. Sec. 14. The Board of Internal Improvement is hereby authorized to put under contract, and construct that part of the Wabash and Erie Canal w hich lies between the Tippecanoe river and ihe Ohio state Jine, and any and all such portions of the several works as are authoized by this act, to make such minor changes in the lines already loca ted, such re-surveys, and at such times and places as they shall deem most conducive to the public in terest, having regard alw ays to economy and the most protitable and early receipt of tolls. Sec. lo. The Commissioners of the Canal Fund shall make reports to the Auditor of Public Accountsof their receipts and disbursements growing out of the provisions of this act in the same manner as they arc now required by law in relation to canal and other funds under their direction; and the Board fo Internal Improvements shall also render to the Auditor an account of their disbursements in the same manner as is now by law required of the Corn missiones of the Wabash and Erie Canal; and for the increased duties of the Auditor of Public Ac counts he shall be allow cd.li'or clerk hire, a sum c qu iltotlie compensation paid by the Commission ers of thi Canal 1' und to ihiir Seretary Sec 16. It shall be lawful for the Board of In ternal Improvements, and each of the members thereof, by themselves, or by any superintendant, agent, or engineer employed by them, to enter upon, and take possession of, and use all and singu lar anv lands, streams, and materials of any and everv description necessary for the prosecution and completion of the improvements contemplated by tius act; ami to make all such canals, leecters.aams. I. ...I... 1.. t ;)... J.. ..1Skc. IT. In all cases w here persons may feel affjrricved or injured bv the construction of any of interest of the complainant or complainants there in, and deliver the same to the member or tne Hoard of Internal Improvement having the superintendance of that part of the public works w hich is supposed to occasion such injury, or under whose superintendance said supposed injury was com mil ted, which written statement shall, oy saia super

intendant be copied into a book to be kept for tbat

Dur&ose: abd aid fiuparintehdant (ball lay said

cotnDlaint before the Board of Internal Improve ment at their next eemi-annuai meeting therealter, wh eh shall be filed among the papersof said Board, and said Board shall thereupon refer the subject matter ofsaid complaint to three disinterested persons, as appraisers, to be named and appointed by said Board of Internal 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 meet, and cause reasonable notice of the same to be given to such complainant or complainants of the time and place of the meeting of said appraisers, and when said appraisers are so met, 6hall 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 sw ear such w itnesses as they may think justice requires; and their decis ion and award they shall report to the said superintendant 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 either party shall think proper to appeal to the circuit court of the county where such cause of difference arose within thirty days after the decision and award of said appraisers, and when such appeal is taken it shall be governed by Hie same rules and regulations as appeals from judgments of justices of the peace, except no bond shall t- required of the state incase she may be the supposed injured party; and on any appeal being taken.the member of the Board of Internal Improvement having possession of the books containing the said complaint, and the award of said appraisers, shall take the necessary appeal bond, sufficient, in his opinion, to cover double the amount of the costs; and shall also make out and certify a transcript, of said complaint, together with works which occasion the supposed injury; and the damages, so assessed by said appraisers, when no appeal is taken or the amount settled by the judgment of a judicial tribunal, shall be paid to the party injured by the Board of Internal Improvement, provided, tbat no claim shall be recovered or paid by said Board unless the application thereof be made as herein provided within two years next after the property shall have been taken possession of as aforesaid: provided, that no such appraiser or juror shall be the owner or lesee of any real property situated on or within one mile of the line of the said work of improvement for damages for the construction of w hich such claim or complaint may be made. Sec. IS. The said Board of Internal Improvement sha'l, by any one or more of its members, proceed in due time along the lines of the said several w orks herein contemplated, & take from the several individuals through whose lands any of said contemplated works may pass, or which may be contigiotis thereto, releases to the state of the necessary land, timber, stone, sand, or other material, for the purposes of constructing any or all of said works, or for reparing the same, and for buildingground for the construction of mills or other hydraul ic machinery to be propelled by the water power of any such canal, and also to enter and purchase, on behalf of the state, any lands belonging to the general government or to individuals contiguous to such work for the same purpose, and file the same in the office of the Secretary of State; which releases 6hnll operate so as to vest in said Etate a full and complete right to enter upon, use, and take the sameatuny and 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 to the state of the right of way or other privilege, to contract with such individual, on behalf of the state, to erect across said Canal any bridge or bridges for the benefit of such indi vidual and the public. Sec. 20. In erecting any bridge or other struc ture across any river or stream, for the purpose carrying any canal or rail-way across such river or stream.the said Board shall cause to be constructed in addition to the usual structures necessary for canal or rail-way, a way for wagons and carriages if they shall deem it expedient. Sec. 21. The appraisers oppointed by the Board of Internal Improvement to assess damages in pur suance of the provisions of the sixteenth section of thisact shall each be allowed the same ccmpemsa tion per day as is or shall be allowed to a member of the Board of Internal Improvement, and so much of the laws of this state now in force as provides for creating, continuing or compensating a state board of appraisers be and the same is hcrebv re pealed. Sec. 22. So soon as the site of any lock, dam or other structure on anv or eitherof the Canals or Feeders as authorized by this act shall bedetermin ed on, at which there will be anv water power crea ted, it shall be the duty of the Board of Internal Improvement to procureby donation or purchase,on behalf of and for the use of the state, the necessary ground for the profitable use of such water power provided the same can be procured at w hat said Board may consider a fair or reasonable price. Sec. 23. Whenever in the opinion of the Board of Internal Improvement there shall or may be stir plus water, over and above the quantity required for navigation, in either of the Canals or Feeders authorized by this act, or at any dam erected at the expense of thettatc, or where the water winch shall or can bo passed around any lock from one level to another without injuring the navigation, may be sufficient to propel hydraulic machinery, the Board of Internal Improvement is hereby authorized to cause surplus water, with such portions of ground belonging to the state as may be necess ary to its use, to be leased to the highest bidder for hydraulic purposes, under such conditions and res trictions as they may deem necessary and proper for the interest of the state, but no water power shall be leased unless the ground on which it is proposed to be used shall be the property of the state. Sec. 24. Every lease, grant, or conveyance of water power, made in pursuance of this act, shall contain a reservation or condition that the state, by its authorized agent or agents, may at any time re serve the right to use the water or any part there of, whenever it may be deemed necessary for the purpose of navigation, or whenever its use for hy draulic purposes shall be found in any manner to interfere with the convenient navigation of the Ca nal near which the same may be situated. And w henever such privilege ma' be resumed in whole or in part, the sum paid therefor, or such portion thereof as may upon equitable principles be deter mined upon, agreeably to the stipulations of the lease or deed of conveyance aforesaid, shall be refunded to the pnrchases or leasee, or his or their heirs or assigns. Sec. 25. That it shall be lawful for the Lawrenceburgh and Indianapolis Rail Road Company to receive in payment of stock therein, to the extent of five hundred thousand dollars, the bonds of stock holders payable to said company in twenty years from the 1st day of January, 18.")(5, with interest semi-annually at the rate of six per centum per annum, payable at some one of the Branches of the State Bank of Indiana, together with mortgages on real estate of tho fall value of the real

urn intended to Le 60eied thereby exclusive of perishable improvements, which bonds and mort gages may be assigned and transferred to the state of Indiana by order of the Board of Directors of said company by endorsement thereon, signed bv the President and attested by the Secretary ofsaid company in form following, viz: "The within is hereby assigned for value received to the "state of Indiana." Sec. 26. That on receiving a transferor enclt bonds e.nd mortgages, and the delivery thereof to the Treasurer of State for the use of the state, or any amount thereof, not les than one huudred tlmusand dollars, it shall be the duty of the Treasurer

j of this state to deliver to said Company the 6tate bonds payauie to Dearer in twenty-one years from the said first day of January, 18E6, bearing five per cent, interest, payable semi-annually at such place or places as shall be agreed upon between said Treasurer and said Company, to an amount equal to the amount of the bonds and mortgages so transferred to the stute, which said state bonds shall be of the like description and signed in the same manner, as near as may be, as the bends authorized to be issued for the Bank loan. Sec. 27. That before said Treasurer shall deliver 6aid state bonds it shall be his duty to be satisfied that the bonds and mortgages so transferred to the state shall cover real estate, exclusive of perishaile improvements, to the full value of the sains expressed therein free of all incumbrances, and for the better ascertainment thereof the said Treasurer is hereby invested with the same powers and authority as is given to the Treasurer of State in ike 5th Oih, and 7th f ections of an act entitled, "an act to authorize the loaning of the Seminary funds,'' approved Jan. 24, 1828. Sec. 23. The said bonds to to bo given by stockcolders shall contain this further condition, that the penal sum therein expressed shall become payable on the failure to pay any of the semi-nnmi. al instalments of interest,and in 6uch case that suc! bond may be forthwith put in suit and the mortgage accompanying the same forthwith foreclosed, and that the court rendering judgment thereon shall, in addition to the ordinary cost of 6uit and damages, and five per cent, for the expense of collecting. Sec. 29. That so long as said company shall regularly pay the interest on said state bonds issued for their benefit one month before the same falls due, by depositing the amount thereof to the credit ofthe Fund Commissioners, (or such other agent a maybe appointed,) in any one ofthe Branches ef the State Bank of Indiana, it shall and may be lawful for said company to have, collect, and receive the interest falling due on the several bonds which may have so been assigned to the state. Sec. SO. That whenever the principal and interest due on any bond and mortgage shall be paid up (and which said Treasurer is authorized to receive at any time and pay over to the said Fund Commissioners,) said Treasurer shall give up such bond and mortgage to the person entitled thereto, acknowledging satisfaction of the same on the back of such mortgage before some proper officer, t he recording of which in the records of the nroner county and where said mortgage was recorded, shall fuliyand entirely discharge such mortgage. Sec. 31. That it shall be the duty of aaid company to defray all expenses that shall or may accrue in recording said mortgages, paying said commissioners that may be appointed to value said mortgaged premises, and to examine the title thereof, together with the compensation of said Trsasurfr, and such Commissioner and Treasurer shall be respectively entitled to the same compensation as is allowed by the 8th and 17th .sections of the actbe.'. -referred to. Sec. 32. The said company shall pay a borrto the state of one half ol one per cent, on t'-.e nniount of bonds issued by the state, as herein abovd provided, which bonds shall be paid to the Treasirer of Slate, as such bonds may be cashed. Sec. 33. That the Madison, Indianapolis, and Lafayette Rail Road Company shall have the privilege of joining said Lawrenceburgh and Indianapolis Rail Road Company with their works, at Napoleon, oi some other point, to be selected by taid Madison company. Sec. 34. That the Lawrenceburgh and Indianpolis Rail Road Company shall be bound to construct the rail road from the point of intersection to Indianapolis, agreeably to the provisions of their charter, and the Madison, Indianapolis, and Lafayette Rail Road Company shall be jointly interested in the road from the point of intersection to Indianapolis, -and Lafayette Kail Road Company paying one half of all the expenses incurred by said Lawrenceburgh and Indianapolis Rail Road Company in the construction of the same, together with one half of the bonus required to be paid by sid Lawrenceburgh and Indianapolis company to the state, in the twenty eight section of this act, and one half of all the expenses necessarily incurred by said company in procuring the monies on the state bonds, at the same time that said Lawrenceburgh and Indianapolis company 6hall have to pay the same. Sec. 35. The Madison Company shall procure bonds of the stockholders in their Company to the amount of two hundred and fifty thousand dollars, which said bond9 snail be of the same tenor and date, bearing like interest, and secured in like manner with the bonds that mar be given by the stockholders in the Lawrenceburgh and Indianapolis Rail Road Company said bonds to be mndepnvablc at such times and places as w ill meet the payments of the Lawrenceburgh and Indiana polis Company to the State; and the snfd bonds of the Madison Company shall be nfsigned to the said Law renceburgh and Indianapolis Company, in the same manner that the bonds of the latter shall or may be as signed to the stale; w hich said bonds,so transferred, shall be received by the Lawrencebunrh Company from the Madison Compary in payment of that amount on the cost of con. struction ofsaid road from the point of intersection to Indianapolis. Sec. 30. The said bonds so to be given dt the stockholders in the Madison, Indianapolis I r .. 4 j I :l T 1 elm II rnn illlU I,ltlJ lie JVilll JtUilU VsUMIjlclllJ III"" ' un the further condition that the penal sum therein expressed shall become payable on the failure to pay anv one of the semi-annu al instalments of inlerest,nnd in such case that uch bonds may be forthwith put in suit, anu the mortgages accompanying the same lorinwith foreclosed: and that the Court rendering judgment thereon shall, in addition to the crdmary cost of suit and damages, add o cent, or the expense ot collecting. UXilz, 1 Hill II IIHJ JkVAUU ln, - - is, and Lafayette flail Road Company sh" IT T nt fl ,n ln tnn I flfl I luilf (V;1 in Ini-nUll lk lirtttrta nTSnVfi lianlCO, '" for within six months after the bonds of the state lot IIKtlJIIVI IlllU lL'l III iitv - - Cfbl rVin 'd,nll ham hnr.n nlifinei DVl"c La w re o ce h u rgh and Indianapolis Rail R:uJ r iho ciil Tif.-wlicnn ""nmnaiiv "thai' .- 7ir.iFi .linn mi wv, vii v . .- . . noUmve" the right of becoming joint propriehall tber :,fJ12 JII CI I IJ pui l VI CCI1U IVtlU) -' -