'270 A. L. Bishop — The State Works of Pennsylvania. 



through, or erecting auy of the said works upon his laud, and to 

 regulate their verdict thereby, except that no assessment shall 

 require any such owner or owners to pay or contribute anything, 

 where such benefit shall exceed, in the estimate of the jury, the 

 value and damages ascertained as aforesaid; and the inquisition 

 thereupon taken, shall be signed by the sheriff and some twelve or 

 more of the jury, and returned by the sheriff to the clerk or pro- 

 thonotary of his county; and unless good cause be shown against 

 the said inquisition, it shall be affirmed by the court and recorded; 

 but if the said inquisition should be set aside, or if, from any cause, 

 no inquisition shall be returned to such court within a reasonable 

 time, the said court may, at its discretion, as often as may be 

 necessary, direct another inquisition to be taken, in the manner 

 above prescribed ; and upon every such valuation, the jury is hereby 

 directed to describe and ascertain the bounds of tlie land by them 

 valued, and the quality and duration of the interest and estate in 

 the same, required by the said board, for the use of the state, and 

 their valuation shall be conclusive on all persons, and shall be paid 

 for by the said board, to the owner or owners of the land, or his, 

 her, or their legal representatives; and on payment thereof, the 

 state shall be seized of such lands as of an absolute estate in per- 

 petuity, or with such less quantity and duration of interest or estate 

 in the same, or subject to such partial or temporary appropriation, 

 use or occupation, as shall be required and described as aforesaid, 

 as if conveyed by the owner or owners ; and whenever, in the con- 

 struction of the said canal, or any of the works thereof, locks, dams, 

 ponds, feeders, tunnels, aqueducts, culverts, bridges, or works of 

 any other description whatsoever, appurtenant thereto, it shall be 

 necessary to use earth, timber, stone or gravel, or any other mate- 

 rial, to be found on any of the lands adjacent or near thereto, and 

 the said board or their agent cannot procure the same for the works 

 aforesaid, by private contract of the proprietor or proprietors, 

 owner or owners ; or in case the owner or owners should be a feme 

 eoverte, non compos, or under age or out of the state or county, the 

 same proceedings, in all respects shall be had, as in the case afore- 

 mentioned, of the assessment and condemnation of the lands 

 required for the said canal, or the works appurtenant thereto. 



Section 9. That every person actually engaged in laboring on 

 any canal authorized by law, shall be exempt from doing militia 

 duty in this state except in cases of insurrection or invasion, during 

 the time when he is so actually engaged; and the certificates of 

 the contractor, who shall employ such men, so liable to perform 

 militia duty, in the performance of their contracts, shall be prima 

 facie evidence of such engagement. 



Section 10. That the sum of three hundred thousand dollars 

 be, and the same is hereby appropriated, to be paid by the state 

 treasurer, in such sums as shall be required for the execution of 

 the work, which sums shall from time to time be paid into the hands 

 of the acting canal commissioner or commissioners, by direction of 



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