Directors of said Company empowered

to survey the Country land and Lake Out

between River Wel

Ti, and said River & the Ouse.

the liar, &c. of two

the name of "The Welland Canal Company;" and by that name they and their successors shall and may have continued succession, and by such name shall be capable of contracting and being contracted with, of suing and being sued, pleading and being im pleaded, answering and being answered unto, in all courts and places whatsoever, in all manner of actions, suits, complaints, matters and causes whatsoever; and that they and their successors may and shall have a common seal, and may change and alter the same at their will and pleasure; and also that they and their successors, by the same name of "The Welland Canal Company," shall be in Law capable of purchasing, having, and holding, to them and their successors, any estate, real, personal, or mixed, to and for the use of the said Company, and of letting, conveying, or otherwise depart ing therewith, for the benefit and on account of the said Company, from time to time, as they shall deem necessary or expedient.

II. And be it further Enacted by the authority aforesaid, That the Directors of the Welland Canal Company shall have full power and authority to explore the country lying between the River Welland, in the District of Niagara, and Lake Ontario, and between the said River Welland and the Grand River, or Ouse, in the said District, and to designate and establish, and for the said Company to To have and hold take, appropriate, have and hold, to and for the use of them and their successors, the line and boundaries of two intended Canals, with their necessary locks, towing-paths, basons, and railways, the one to connect the River Welland with Lake Ontario, and the other to connect the River Welland with the said Grand River, as near the mouth as practicable, and also to select such convenient scites for such and so many mills, manufactories, warehouses, and other erections as may be required by the said Company for the

intended Canals with

the necessary Locks, &c.

On convenient Sites

to erect Mills, &c. as

may be required, and

to purchase the same

for the use of the

Company.

No person compel

led by this Act to sell anch site, &c,

purpo

ses thereof, and to purchase the same to and for the use of the said Company. Provided always, That nothing herein-before contain

The owner of Mills using any additionat

ed shall extend, or be construed to extend, to compel the owner or owners of any mill-seat to sell, convey, or otherwise depart with, the same to the said Company.-Provided also, That the owner or owners of any mill-seat or mill-seats using any additional supply of supply of Water by water brought thereto by the said Canal, shall pay a reasonable compensation therefor to the said Company, to be determined as herein-after provided for determining any damage done to property by the said Company.

means of such Canal to pay a reasonable compensation.

Company to supply the Canal with water

from springs &c.

found in making same within 1000 yards

therefrom, (except as

before and after mens

tioned.

one or more reservoiers and Feeders & 10% supply Canal with

III. And be it further Enacted by the authority aforesaid, That it shall and may be lawful for the said Company, and they are hereby authorised and empowered, from and after the passing of this Act, to supply the said Canal, whilst making and when made, with water from all such brooks, springs, streams, water-courses, hollows, or other repositories of water, as shall be found in making the said Canal, or within the distance of one thousand yards, (except as herein-before or herein-after mentioned,) from any part of the said Canal, or from any reservoir or reservoirs to be made for sup plying the said Canal with water; and the said Company are here- Empowered to make by also authorised and empowered, by themselves and their depus ties, agents, servants, and workmen, to make one or more reservoir water. or reservoirs, and such or so many feeders, tunnels, and aqueducts for supplying the said reservoirs and Canal with water, and conveying water from any such reservoir or reservoirs to the said Canal, as to them shall seem necessary and proper, (excepting as hereinafter or above-mentioned ;) and for the purposes aforesaid, the said For this purpose may Company, and their agents, servants and workmen, are hereby authorised and empowered to enter into and upon the lands and grounds of, or belonging to, the King's Majesty, his Heirs or Successors, or to any other person or persons, bodies politic or corpo

rate, (excepting as is herein-before provided,) and to survey and

enter upon Lands of His Majesty or other persons, (except as

provided for) and sur

think necessary for

making Canal and re

servoirs, &c.

And such matters &c.

as are necessary for

making, &c. such Na

vigation.

May bore, dig, &c.

carry away, and lay rubbish, soil, clay,

such Canal, &c. on the

grounds of persons

adjoining.

take levels of the same, or any part thereof, and to set out and ascertain such parts thereof as they shall think necessary and proper for making the said Canal, and any such reservoir or reservoirs, feeders, tunnels, and aqueducts, and all such other matters and conveniences as they shall think proper and necessary for making, effecting, preserving, improving, completing, and using in the said intended navigation; and also to bore, dig, cut, trench, remove, stone &e, for making take, carry away, and lay earth, soil, clay, stone, rubbish, trees, roots of trees, beds of gravel or sand, or any other matter or things which may be dug or got in the making of the said Canal, or in making of any reservoir or reservoirs, feeders or aqueducts, or out of any lands or grounds of any person or persons adjoining or laying contiguous thereto, and which may be proper, requisite, or convenient for carrying on, continuing, or repairing the said Canal, or other the said works, or which may hinder, prevent, or obstruct the makMay erect on said ing, using, completing or maintaining the same; and also to make, build, erect, and set up in and upon the said Canal, or upon the lands adjoining or near to the same, such and so many bridges, tunnels, aqueducts, sluices, locks, wears, pens for water, tanks, reservoirs, drains, wharves, quays, landing-places, and other works, ways, roads, and conveniences, as the said Company shall think requisite and convenient for the purposes of the said navigation ; May from time to and also from time to time to alter, repair, amend, widen or enlarge the same, or any other of the conveniences above-mentioned, as well for carrying or conveying goods, commodities, timber. and other things, to and from the said Canal, as for the carrying or conveying of all manner of materials necessary for making, erecting, furnishing, altering, repairing, amending, widening, or enlarg May place, work, ing the works of, and belonging to, the said navigation; and also place, lay, work, and manufacture the said materials on the grounds near to the place or places where the said works, or any of them, are, or shall be, intended to be made, erected, repaired, or done,

joining, Bridges, Tunnels, &c.

time alter, repair, &c. if necessary.

&c materials

grounds adjoining.

on

May make and appoint boats, barges,

keep in repair, piers, brook, river, &c for

May construct and

arches, &c. on any

making &c. said Caand towing

nal

paths.

and to build and construct the several locks, bridges, works, and erections belonging thereto; and also to make, maintain, repair, May repair and alter and alter any fences or passages over, under, or through the said Canal, or the reservoirs and tunnels, aqueducts, passages, gutters, water-courses and sluices respectively, which shall communicate therewith; and also to make, set up, and appoint drawing-boats, barges, vessels, or rafts, passing in, through, along, or upon the &c. on said Canal. said Canals, as they, the said Company, shall think convenient; and to construct, erect, and keep in repair, any piers, arches, or other works, in, upon, and across any rivers or brooks, for making, using, maintaining, and repairing the said Canal, and the towingpaths on the sides thereof; and also to construct, make, and do all other matters and things which they shall think necessary and con- & convenient for the venient for the making, effecting, preserving, improving, completing and using the said Canal, in pursuance, and within the true meaning of this Act; they, the said Commissioners, doing as little damage as may be in the execution of the several powers to them hereinafter mentionhereby granted, and making satisfaction, in manner herein-after mentioned, for all damages to be sustained by the owner or occupiers of such lands, tenements, or hereditaments.-Provided, That nothing in this Act contained shall extend, or be construed to ex- the consent of owner, tend, to authorise the said Company to divert, or take away, for the use of the said Canal, the water of any stream or river, so as to injure any mills within the limits of the said intended Canal, without the consent of the owner or owners thereof.

IV. And be it further Enacted by the authority aforesaid, That should the owner or owners, occupier or occupiers, of any millseats on the line of the said Canal, or within five hundred yards thereof, consider the same in any manner injured, or the value thereof in any way depreciated, from the erection of rival estab

And other matters and things necessary

purposes of this Act.

Doing as little damages as possible and making satisfaction as

ed.

Not to take away any water belonging to any milis, without

&c.

a fair valuation, to ba ascertained by Arbi provided

trators as hereinafter

purchase the same at lishments, or from any other cause growing out of the cutting and making the said Canal, and for the compensation of which no provision is made in this Act, it shall and may be lawful for the said Company, and they are hereby required to purchase the same at a fair valuation, founded on an average of former years, to be ascertained by arbitrators, as herein-after provided, to ascertain the value of lands and tenements to be purchased, or the amount of da This not to compe! mages in any case sustained.-Provided always, That nothing herein contained shall extend, or be construed to extend, to compel the said owner or owners, occupier or occupiers of any such mill-seats, to sell, convey, or otherwise dispose of the same to the said Com pany.

any person to sell such mill-seat.

Company in making

such Canal, may take

as much water as they

think necessary from

Niagara Grend, and

Welland Rivers.

May erect a Pier at

the mouth of the Ri

ver Welland and oth

or places.

V. And be it further Enacted by the authority aforesaid, That it shall and may be lawful for the said Company, in constructing and making the said Canal, from Lake Ontario to the River Wel-land, and from the said Grand River to the River Welland, to take and appropriate for the use of the said Canal as much water as they may find necessary from out of the Niagara River, the said Grand River, and River Welland; and it shall be lawful for the said Company to erect at the mouth of the River Welland a Pier, and at the points of departure of the said Canal from the said Grand River, and from the River Welland, and at the place of its termination at Lake Ontario, such and so many wharves, quays, piers,. forebays, locks, and other erections, as may be necessary for the use of the said Company, and the purposes of transport on the said No such erections Canal.-Provided always, That no such erection, work, or device of the said Company, shall obstruct the navigation of the said River Welland, or the said Grand River, or in any manner prejudice any establishment, work, or depot of or for the use of the Royal Navy, or other department of the public service, now formed and

And

many

wharves, quays, &c.

as may be necessary

for transporting, &e.

to obstruct the navi gation, &c.

Not to prejudice

any establishment of the Royal Navy. oro

ther public depart

ment, &c.