Wabash Herald, Volume 1, Number 42, Rockville, Parke County, 28 January 1832 — Page 2

JLnf r of Indiana.

AN Act Bu.plemental to an act providing means fir r th constroction of the W abaeh and Erie Canal. v" Sec. 1. Be it enacted fry the Lrcnerai lssemfJly of the State of Indiana, That the &nal location una reported estimates of Joseph Ridgeway, Ji. the i'ate Engineer of the middle section of the Canal, contemplated to connect the waters cf the Wabash river and Lake Erie, embracing the St. Joseph feeder, and the canal Un from thence to-Lattiff River; be,a"nA the same are hereby approved and adopted. And for the purpose of commencing, carryinir on and completing the construction lof the part thus finally located, and of . the residue of said canal from the Uhic . state line to the Tippecanoe river, a9 established by an act of the General Assembly of this state, entitled "an act concerning4he Wabash and Miami Canal," approved Jan. 23d, 1829, And the, estimate of- the entire cost thereof, as made by the United States Engineer, is 1,081,970 00. The duties of the Board of Canal Commissioners dow organized, shall be, and the J3tne are hereby changed, transferred and extended in manner hereinafter itated. , Sec. 2. That for the purpose of carlying intoeifect the object hereby contemplated, i there ' shall be constituted a fuftd, to be denominated the "Canal .Fund," which shall consist of such monies as aiise from the sale of the lands donated by the United States to this State, for the construction of said ca nal, and each as may be procured un der the authority of th Legislature of this State, by loans predicated on the -amount arising frota the sale of said .eanalt lands; all moneys which may from time to time proceed from the tolls f the canal, and the nse of all privileges whatsoever, created" by its construction, and also any monies which by donation,- grant, or otherwise, may at any time be set apait to advance the construction of said canal. ' i Ssc. 3. That theie shall be established a ' Board of Commissioners, to con"jt of three "members, to be appointed and commissioned under the requisitions of this act, by the Governor of this State, by and with the advice and consent of the Seriate, and I to be denominated the Cofrimissieners cf the Canal Fund, and the said Board shall continue until the leans procured under it? opera' ions be wholly paid; and any a acancies occurring in said Eoard by death, resignation or otherwise, stall be filled under like restrictions and in like ,manr.er, every such Commissioner being subject to removal for good cause shewn, by a joint resolution of the General A-seembly.-A majority of said Commissioner? shall be a quorum for transacting business, they shall superintend and manage the Canal Fund, and shall receive, arranee and mar.ag to the best advantage, all tbings thereto belonging, and before centering upon any of their duties' the said Commissioners shall severally take an -oath and give bond for thefaithful discharge of their duties, as required by law ot the Canal Commissioners.1 . : Sec rU That the paid ! Commissioners -cf the Canal Fund be, and they are hereby authorised and directed to contract with any individual, corporation or company, for a loan to the amount of two hundred thousand dollars, which, with the monies inirncdi--ately arising by cash payments of the sale of canal lands, is estimated to be sufficient to construct the middle sectian and feeder of said carpi, on a credit of- thirty years, but redeemable in whole or in part after the neriod cf twenty years, at the option of the state; and said lan to be at a rate of interest not iexceeding six per centum per annum, and to be so negotiated Ui.it Ihe-sAme may be drawn in portions from rims to :ime, and be subject to Interest only as it may be required in complfctir.g U contracts entered into from time to time, .and for other ex?nses relative to sa;d Canal ; Provided, hat at no period shall there be an afnount so drawn o.rsaid loan to exceed the ameu::t due oo the sales of the Caual land; and the iaid Commissioners shall issue transferrable certificates in the name of the state, upon drawing such lear, hich stall be coun tersigned by the Treasurer of state. Sec. 5. That for the payment of the Interest, and the redemption of th.principal ef the sums of money which may be borrowed under the authority oi tne general assembly for the construction of aid caual, to the extent f th estimated cost thereof, in the mi section oi this act stated, there shsii be, and are hereby irrevocably pledd. and appropriated all the monies in any manner arisinir Wwn ih lands donated by the United States to tin state lor tne construction of said Section of canal, the canal itself with tne said portion ot laM thereto annr. timing or as much Ihereof as will retlie by tils th ismbcrrswtd, and all

privileges thereby ereale3, ani the rents and profits thereof belonging to the stfttc, and thcnelt proceeds of tolls collected on said canal or any part

thereof as finished, the sufficiency of which for the purposes aforesaid, as above allowed and provided lor, the state of Indiana doth hereby irrevocably guarantee. . . . Sec. 7. The commissioners last na med shall have full power by appoint ing one or more agents rr othei make all such arrangemtA Tor obtain ing loans according to law, and for the payment of interest thereon, and the transfer, transmission and deport of monies, as they may deem conducive to the public interest, and in making such deposits, to select such bank or other safe depository that may yield the best interest on the fund during such deposit, regard being always had to the entire safety to the investment or depo sit. , And upon the organization of said Board, they are authorized to close the account of the canal fund received at the State Treasury, and to draw the same therefrom as a part of the said canal fund hereby constituted, ' and make the most profitable investment or deposit thereof, as above directed, until it may be otherwise required: and therefore, the canal commissioners shall ; under the same limitation? 'Sis heretofore provided in the act to which this is a supplement, pay over all mon ies in any manner arising from the ca nal lands, directly to the Commission ers of the Canal Fuud, who shall in ev ery respect discharge the duties here' tofore devolving in this behalf on the Treasurer o( State; whose duties and emoluments relative to said canal pro ceeds, from the time of the orgamza tion of said Board, shall cease except as herein provided, and his books rela ting thereto and devoted to future en tries thereof, shall be transferred to and kept by said Commissioners. Sec. 7. That the said fund Commis sioners shall pay the sums arising in any manner to said fund to the caua commissioners, or their orders t from time to time, for the purpose of con structing the canal herein contempla ted, under such regulations as may sc cure a faithful and correct accounting therefor: and the said canal commis sioners shall, on or before the first Monday of .December, annually, settle and account with the commissioners f the raaal fund, for aK such monies by them received from sai'i iuud. as above, in addition, to t..e reports and returns othenvise of said canal co- ivissioner heretofore rr-iirired: which settlemen so'mude, together with a foil and mi nute account of the state of said fund, its receipts and disposal, their proceed ings unier this act, and any important recommendations relative to said fund, the fund commissioners shall annually report to the general assembly during the first week of its session. Sec 8. That the canal commission ers shall be, and they arc hereby authorized to receive from time to time from the commissioners of the canal fund, such moneys as may be necessary for and applicable to the objects here by Contemplated: and thev shall pro ceed as soon as practicable after giving two months public notice in such newspapers of this state and elsewhere as they deem necessary, of the time, and manner t,aereot,to enter 'mo contracts for the expenditure of such sums in the most judicious manner for the construction of the portion of the snd canal consisting of the St. Joseph feeder Hue, and the middle division a nnallv loca ted ar.(t approved. Pro-i1'l. That no contracts shall be made in extent to exceed in all, the amount received and accruing from the canal lands sold at the time: and said C 'nniicsioners shall take duplicate receipts for :i!i sums ofj mney they may expand in the workaforesaid,. -and. duplicate copies of all contracts as above im i in wning shall be executed, one of w ivfb receipts and conies of contracts shall be filed with the said ccmm?rioners ol tne canai fund; and no rtdief or extra allowance of any kind or in any case, shall be allowed in any contract beyond the sum stipulated therein. And no advance of payment be made on any contract, nor any payment be made exceeding one half of the work actually completed, to be paid as it progresses, by the canal commissioners, at their discretion on inspecting the work. Sec. 9. That it shall and may be lawful for said canal commissioners, or each of them, or any of their agents, superintendents, engineers or workmen acting under them, to entei upon and take possession of and use all and singu larany landft.watersy5treamsand timber, stone or materials of any Kina, neces sary for the prosecution of the improvements contemplated by this act; and to make all such canals, feeders, dykes, locks, dams, and other works as they may thipk proper in said prosecution, doing however, no unnecessary damage: and the said canal commssioners are hereby authorized to receive on behalf ef the state, from Ihe owners of any such lands, rich grants and con -

veyanees as may be proper and competent to vest a good title therefore in the 6tate, and also to receive grants of such materials as they may need: and

in case any lands, waters, streams or materials taken and appropriated tor any of the purposes aforesaid, shall not be given or granted to this state, or in case the owner or owners therefore hall be feme covert, under age, non compos or out of the state or county, on application of said canal commissioners or either of them, to any justice ot the peace ol thecoenty in which such lands be, the said justice shall issue his warrant to the sheriff of the county to summohajury of twelve inhabitants of the county, not related to the parties, nor in any. mauner interested, to meet on the J and or. where the materials are to be valued, at a day stated in said warranty not less than ten nor more than thirty days thereafter, and by public notice to be inserted lm the nearest public newspaper ,to thplace of trial, call upon the owner or owners of the materials by name if known, if not, the unknown owner or owneis to attend at said time and place, if he,she or they may think proper: .which warrant the sheriff shall execute, and when met, the said jury shall be sworn by said sheriff. faithfully, justly and impartially to cs timate the loss or damage if any, over and above the benefit securing from the crnalto such owner, in said premi ses or materials; and the inquisition thereupon taken, being signed by snid jury, and certified by such sherifi, shall by him be returned to the clerk of the county in w hich said trial may be had; and unless good cause beshewn against said inquisition, it shall he athrmcd and recorded by the circuit court of said county, at the first term thereof, if said inquisition be set asidt-, or the same be not returned to the court at the fir term, the court may as often as neces sary, direct another inquisition to be taken in manner as above prescrib i : and apon the paymeutof the said c.v nal commissioners of the damage so .-v sessedby said inquisition (which valuation shall be conclusive on all persons) which said cc-mmisio herby di rected to make the fee simple of the premises, or. the right of such water, stream or materials shell be vested in the state: Provided, t'at no csuse shall bepermiUed to be shevrn a grans t any inquisition, after the same shall have been affirmed r.r.d recorded as above: .And provided, also, That where said lar.dsor rcfcterials mriy not be situated in any crganized county, 're same procedins in every respect relating thereto, shall be had in the nearest county thereto situated. Sec. 10. That every parson actual ly engaged in laboring on any part of the said canal, shall be exempt from doing militia or road duty during the time he is so engaged, except! in case of invasion or insurrection; and the certificate of the contractors employing such men shall be prima facie evidence of such engagement; and no acting commissioner or engineer employed on said canal shall be liable to be taken by capias or warrant in any civil suit arising out of their official duties, but they shall be subject t summons. ' Sec. 11. That no person shall construct any bridge across said canal, or build any wharf, basinor wateringplace or shall make or apply any device whatever, for the purpose of diverting or turning away water from said canal, or the feeders connected therewith, without first obtaining permission therefor from the canal commissioners: and if any person shall 60 otFend, he shall forfeit and pay to the said canal commissioners in the name of the state and for the use of the said c anal fund, a sum not exceeding one thousand dollars, to '.e recovered in any court having jurisdiction to the amount of damages claimed by such commissioners. ec. 1 I hat it any person or persons shall obstruct the navigation of said caual, b placing or sinking any substance therein, net destined and pro per to be transported on said canal; er shall lay or place any obstruction on t'c towing path thereof, or shall wilfully injure the said canal, locks, gates, towing path, or works connected there with; or.not being authorized, shall open or shut any lock, gate, paddle, or culvert gate of said canal, such person shall for every such offence forfeit and pay to the 6tate lor said canal fund, any sum not exceeding one hundred dollars and also treble damages to be recovered as above provided. Sec 13. That to benefit the canal fund by rent or sale, the water privileirps and hvdraulic cowers created bv the said middle section of the canal, and other sections thereof, when au thorized hereafter, are hereby commit ted to the control ot said commission ers. 1 Sec. 14. That each commissioner of I the canal fund shall receive for his services as such, two dollars for each day necessarily employed in discharging his official duties, payable outot the canal jiund, on vouchers signed W their board.

Sec 15. That in all future skies off

canal lands, notice shall be given by the canal commissioners by four weeks publication in such newspapers as they may deem proper of this state only; so much of the act entitled "an act providing means for construciing the portion of the Wabash and Erie canal within the state of Indiana," "approved January 28th 1830, as comes within the purview of this act, & also "a joint resolution concerning the canal commissioners," approved February 10th 1831, be and the same are hereby repealed. Sec 1G. That if any person or persons, shall cut down, destroy, or remove any timber or trees, standing or growing upon the unsold lands appropriated to construct the canal, he or they shall forfeit and pay to the state, for the use of the canal fund, five times the value of the timber or trees so cut, destroyed or removed, to be recovered by action of trespass before any com petent tribunal, upon the relation of, any competent witness; and the canal commissioners,' and all officers of this state, within their respective jurisdictions, are charged with the strict execution of this enactment. An Act for the formation of the Counr ty of La Ported and for other purposes. Sec. I. Be it enacted by the General Assembly of the State, of Indiana, Thai from and after the first day of. April next, all that tract of country, included in the following boundaries, shall form and constitute a new county, to be known and designated by the name and style of La Porte county, to-wit: Beginning at the state line, which divides the state' of Indiana and.MichigKii territory, and at the north-west corner of township No 3S, north of range No. 4, west of the second prin ciple mondian, thence running east with said state line, to the centre cf range No. 1, west of said meridian; hen 60uth, twenty-two miles, thence west parallel with the said state line, twenty-one miles, thence north to the place of beginning. Sec. 2. That the new county of La Porte, shall, from and after the said first dav of April next, enjoy all the privileges, benefits and jurisdictions, which to separate and independent counties do, or may properly belong or appertain. Sec. 3. That Samuel Lewis, of the county of Allen, "Isaac Coleman, of the coi-nty ot fountain, Andrew Ingram, v a i a of the county of Clinton,' Levi Thorn ton,' of the county of I lppccanoe, and Merit S. Craig, ol the county of Hipley, be, and they appointed commissio ners, agreeably to the act, entitled, '-an act fixing theseats of justice in all new counties hereafter to be laid off." The commissioners aforesaid, shall meet on the second Monday in May next, at the house of David Pagan, in said county of La Porte, and shall immediately proceed to discharge the duties assigned them by law. And it shall be the duty of the sheriff of Carroll county, to notify said commissioners, either in person' or by writing, of their appointment, on or before the first day of April next. And for such services, he shall receive such compensation as the board doing county business in said county of La Porte, may, when organized, deem just and reasonable; to be allowed and ipaid as other county claims. Sec. 4. The circuit court and board doing county business, when r elected under the writ of election- from the executive department, shall hold their session as near the centre, of the county, as a convenient places can be had, until the public buildings shall have been erected. - , j Sec. 5. The agent who shall be appointed to superintend the sale of lots at the county seat of the "county of La Porte, shall reserve ten per centum out; of the proceeds"thereof, and pay the same over to such person or persons as may be appointed by law to receive the same, for the use of a county library.'.. Sec. 6. The county of La Porte shall be attached to the county of St. Joseph, for representative purposes. - Sec. 7. The board ding county business may, so soon as elected and qualified, hold special sessions, not exceeding three during the first year after the organization of said county, and shall appoint a lister, make all necessary appointment, and do and perform all other business which might have been necessary to oe performed at any other regular session, and take all necessary steps, to collect the slate and county revenue, any law or Usage to the contrary notwithstanding. This act to take effect and be In force from and after its passage. , s H. II. MOORE, SpW of ihe Jlouseof Rep DAVID WALLACE, Preset of the Senate Approved, Jarw 9th, 1832. N. NOBLE

AN ACT to prbvide for changing part of the state road leading from Indianapolis by way of Danville and Rockviile to Montezuma. Sec. I. Be it enacted by the General Assembly of llxe Stats of Indiana; That Isaac J. Silliman of Parke county, bo ' and he is hereby appointed a commissioner to re-locate a part of the state road leading from Indianapolis byway of Danville and Rockviile to vionte-. zuma, to wit: beginning at the line dividing the counties of Parke and Put-, nam, running thence with said line and on the west side thereof, to the half mile stake at the termination of the old county road at the south east corner of Nathaniel Bristow's land, thenceon the most suitable ground to tho Rocky Ford on big'Rackoon creel thence on tho most suitable ground to the present location where the line dividing the I tnds of George Brrstow and Samuel Harlan crosses the samv Sec. 2. The said commissioner sBa& have power to employ chain-carriers-

markcrs,- and" surveyors, sufficient to lay out said road as proposed by thia act. See. 3. The said commissioner after taking an oath faithfully and impartial? ly to discharge his duties, shall proceed as soon as convenient after the passage of this act, to view, mark, and relocate; the said road, as heretofore directed, and it shall be his duty within ten days thereatter to retHrn a true record of the same' to the clerk of the Market circuit court. Sec. 4 It shall be the duty of the board doing business for the county of Parke, to cause the said read to he opencd any width not exceeding ftrty feet, and made agreeably to and ;ur.der the provisions of the several acts for opehing public roads and highways. Sec. 5 It shall be the duty of the board doing county business for the county of Parke, to make such allowance to the commissioner and those employed by him as shall be just and reasonable, to pe paid out of the county treasury, and in case of sickness,, death or resignation of the commissioner, it shall be the duty of the said board to fill such vacancy. Sec (V That the commissioner 6hall as soon as possible - after he has com pleted the location 'and survey required in the first section of this act, proceed with his surveyor, chaiu-bcarers, and markers, to re-locate that part of said road commencing at the Eenth west, corner of the north half of section tfiir-ty-sixin township number sixteen, north, of range number nine west, thence east with the half section line to the range line, thence cast six and a half degrees north, until it intersects the stat road as now located. And it shall be his duty within ten days thereater to return a true record of the samcito the? clerk of Park circuit court; which rout when surveyed and maiked, from thenceforth shall be the true tocatietx of said state road. And that part of the present location, where the present direct line intersects the present loca tion to the town of Montezuma, shaft be and is hereby vacated. S3C 7. It shall be the duty of the board doing county' business to cause the same to be opened in the same manner and form as is provided for pening the first mentioned,) re-location in section four of this act, and to allow the samepsr diem, allowances tothe commissioner, surveyor, chaincarriers and markers as is provided form section five of this act. Sec. 8. This act to take effect and be hi force from and after its passage and publication in the Indiana Jour-, nal. Approved, Jan. 13, 1S32. THE SUBSCRIBERS Respectfully informs their friends, and the public in general, that he has jnst received from New York, and is now opening a full and com . plcte assortment of Dry Goods, Suitable for the Sb.sco;. Composing in part of ' , Ulna Dr&b and Oiiv Cloths, . Flannels, . - And a large asssortrneut oF Satinetts, and Prints, Domestic Plaid, Beverteens, Fancy Corda, blk. Veloteen, Cotton Flannels, Greea Baize, Cashmere and Valenua Shawls, Dress Handkerchiefs and Bandanna's. AI. A large quantity of Spun Cotton, Shirting and Sheetings, Crockery ware, common and China. HARDWARE AND CUTLERY, " A ffoa assortment. , AVOOD 'ASSORTMENT OF DRUGS a HCfilCIXTES, A "Teat variety of otfler ttcles,loo tedious to "mantion, all of which we intend sellinglow for CASJi, or such trade as can bctarn-. ed Into cash. , ;,w, U AN DAL it GUEST. . N. t return my sincere thanks to my former customers, and hope ibcy vyill still favor ma with a share of their custom, v ' - " 1 JONAS RANDAL, , 'ftocfat&c,JanuarvTrM?73.