i% , C 68 ] 
partial or temporary appropriation, use, or occupation, of such laud, 
according to the best of his skili and judgment, and that in such va- 
luation he will not spare any person for favor or aRcction, nor any 
person grieve for malice, hatred, or ill will; and in every such valua- 
tion and assessment of damages, the jury shall be, and they are here- 
by instructed to consider, in determining and fixing the amount thereof, 
the actual benefit which will accrue, to the owner from conducting the 
said canal through, or erecting any of the said works upon, his land, 
and to i-egulate their verdict thereby, except that no assessment shall 
require any such owner to pay, or contribute any tliiiig to the said 
company where such benefit shall exceed, in the estimate of the jury, the 
value and damages ascertained as aforesaid; and the inquisition there- 
upon taken, shall be signed by the sheriff and some twelve or more of 
the jury, and returned by the slieriffto the clerk or prothonotary 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 inqui- 
sition sliould 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 betaken, in the manner above prescribed, and upon eve- 
ry such valuation, the jury is hereby directed to describe and ascer- 
tain the bounds of tlie land by thcnj valued, and the quantity and du- 
ration of the inteiest and estate in the same required by the said 
company for its use. and their valuation shall be conclusive on all 
persons, and shall be paid foi* by the said president and diiectors to 
the ov\ner of the land, or his legal representatives, and on payment 
thereof, the said company shall be seized of su(-h land as of an abso- 
lute estate in perpetuity, or with such less quantity and duration 
of interest or estate in the same, or subject to such partial or tem- 
porary appropriation, use, or occupation, as shall be required and de- 
scribed as aforesaid, as if conveyed by the owner of them; and when- 
ever, in the construction of the said canal, or any of the works there- 
of, lorks, dams, ponds, feeders, tunnels, aqueducts. cuUerts, bridges, 
or v.orics of any other description whatsoever appurtenant thereto, it 
shall be necessary to use earth, timber, stone, or gravel, or an}-^ other 
material to be found on any of the lands adjacent, or near thereto; 
and the said president and directors, or their agent, cannot procure 
the same for the W(M'ks aforesaid, by private contract of tlie proprie- 
tor or owner, or in case the owner should be a femme covert, or non 
compos, or under age, or out of the state or county, the same proceed- 
ings, in all respects, shall be had as in t!ie case before mentioned, of 
the assessment and condemnation of tlie lands required for the s.aid 
canal, or the works a])pui tenant thereto. 
Sec. 16. And be it enncfed. That it shall be the duty of the com- 
pany hereby iucorporatrd, to cut, make, and ronstrnct the said raual, 
w;th (E^ood a;u! sufticient locks, on the most improved p^au for- expedi- 
tion in the use thereof; and with a width of not less than forty feet 
at the surface of the water therein, or of twenty-eij^ht at the 
bottom thereof unless the quality of the soil shall require a nar- 
row base to admit of a sufticient slope to prescrv e the banks from 
