motion, foreign invasion, or any other unavoidable accident, or by the misfeasance, illness, incapacity, absence, voluntary or involuntary negligence, or other acts of omission or commission, on the part of any officer to be named and appointed by the State, in pursuance of the said act, then and in every such case all just and due allowance shall be made for the same, and the time during which such works shall be suspended, or which shall be necessarily occupied in the restoration or repair thereof from the causes aforesaid, or any of them, shall be omitted out of the computation of the said period of four years limited by the said act for the completion of the said canal, any thing in the said act to the contrary notwithstanding.

AND WHEREAS, by the act of Congress, of the third of March, 1845, donating to the State the lands in the Vincennes land office district, in the said original act mentioned, it is provided, that unless said canal shall be completed to the Ohio river within fifteen years from the passage of said act, said State should become liable to the United States for the amount for which the same may have been sold: AND WHEREAs, it is desirable that said canal should be completed to Evansville aforesaid at an early day, thereby adding largely to the revenues thereof, increasing the value of the taxable property of the State, and affording increased facilities for trade and commerce therein: Therefore,

Be it enacted, that if said trustees shall, from any cause whatever, except as herein provided, fail to complete said canal in the manner and within the time herein specified, that then and in that case the said subscribers shall not any longer be entitled to receive any priority or preference which by the said original or this supplemental act is given, or intended to be given to them, but from thenceforth the tolls and revenues of said canal shall be divided pro rata among all owners or legal holders of certificates issued by virtue of this act, as though no priority or preference had ever been given.

And be it further enacted, that in case the said trustees shall not have fully completed the said canal to Evansville within the period of ten years from the passage of this act, with the exceptions as to casualties, &c., mentioned in this section, then and in that case the lands and property hereby, and in the said recited act, provided to be granted, shall revert back to, and become the property of the State, free from all liens from any such certificates: Provided, that all deeds of conveyance and contracts for the sale of any of said lands, made in good faith prior to such reversion, shall be valid and effectual as though no such reversion had occurred.

SEC. 18. AND WHEREAS, by the tenth section of the said recited act, it is (among other things) enacted, that the said trustees" shall keep a record of all their doings and proceedings, which shall at all times be open to the inspection of the public authorities of the said State ;" AND WHEREAS, it is enacted by the same section, "that the said trustees shall keep a full, just and true account of all moneys by them received for or by reason of their said trust, and of their disbursements of the same, and shall annually report to the legislature the general condition. of the said canal and canal lands, and exhibit a full account of their receipts and disbursements," as in the said recited act is more particularly mentioned: AND WHEREAS, it is desirable that a more particular

supervision should be kept by the State over the receipts and disbursements of the said trustees, especially on account of tolls and payments of principal or interest on canal lands than is contemplated in the said tenth section of said recited act, by a general statement annually to the legislature: Therefore,

Be it enacted, First. That each toll collector, in addition to any reports he may make to the trustees, shall report to the auditor of State an abstract of his books once in three months, or oftener if said auditor may require, as is provided in section three hundred and two, chapter thirteen, of Revised Code of 1843:

Second. That said trustees shall report to said auditor semi-annually, viz: up to the first days of April and October, annually, a minute and detailed statement of their receipts and expenditures, arranged under appropriate heads, accompanied in all cases, when practicable, by the proper vouchers; and said auditor shall carefully examine said accounts and make settlement thereof, and enter the same in the proper books of his office, as is provided in section twenty-four, chapter thirteen, of

Revised Code of 1843:

Third. Said trustees shall accompany said reports with an abstract of all sales of canal lands; also an abstract of all payments of interest and penalties; also an abstract of partial payments of principal on lands previously sold; also an abstract of all final payments on canal lands, noting the names of the several assignees, (if any,) the date of such final payment, and date of patent issued thereon, and to whom patented; all of which, if found correct, the auditor shall record in the proper books of his office, in the same manner that sales and payments for canal lands have heretofore been kept in his office; and for the additional clerk hire hereby rendered necessary, the trustees shall cause to be paid, on the proper voucher of the clerk performing the labor, an amount not exceeding four hundred dollars per annum, payable as similar services are paid when rendered for said trustees; and the auditor of State shall annually report the condition of said canal fund and canal land to the legislature; and it shall be the duty of the committee of ways and means to examine and report specially in relation

to said fund.

AND WHEREAS, it is just and right that the said subscribers should also be kept advised of the doings and proceedings of the said trustees, and of the general condition of the said canal and canal lands, and of the sales of such lands, and the general receipts and disbursements of the said trustees:

Be it enacted, That the records so to be kept by them, the said trustees, as in the said tenth section of the said act mentioned, shall be open to inspection also, at all convenient times, of the subscribers and bondholders, and their agents duly authorized; and that in addition to the annual report by the said tenth section of the said act directed to be made by the said trustees to the legislature, the said trustees shall, at the end of each and every half year during the continuance of the said trust, prepare and transmit to the subscribers for the time being, by circular letter, or otherwise, (so far as their respective names and places of abode can be ascertained from the transfer books to be provided by the State, and kept in the city of New York, as aforesaid,)

a full, just and true account of all moneys received by them, for or by reason of their said trust, and of their disbursements of the same moneys, together with the balances on hand and places where deposited, and of all sales of canal lands, and tolls and revenues received, and of all other their recepts and disbursements during the half year then last past, with all such further and other particulars relative to the said trust and the operations thereof, and to the said canal and canal lands, as shall enable the subscribers and bondholders for the time being to understand the state and prospects of the said undertaking.

SEC. 19. AND WHEREAS, in further pursuance of the power reserved by the said twentieth section of the said recited act, and in order to enable the said trustees to carry into more full effect the fair and obvious meaning of the said act, and the additions and modifications thereto introduced by this present act :

Be it enacted, That the several additional amendments contained in this act, and hereinafter next mentioned, shall be accepted and adopted as part of the said recited act, and shall have the like full force and effect, in all respects, as if the same had been originally enacted by the said recited act, and had formed part thereof; that is to say:

Amendment A.-That in the ninth section of the said recited act, between the word "execution" and the words "of the deed," there be introduced the words "and delivery," so that the said section, as amended, shall stand, "execution and delivery;" and that the penalty required in the bond of the trustees, by the tenth section of the act to which this is supplementary, be, and the same is hereby, increased to the sum of one hundred thousand dollars.

Amendment B.-That in the twelfth section of the said recited act, after the words "and shall assume the payment of," and before the word "interest," there shall be introduced the words "principal and,” so that the said section, as amended, may stand thus: "and shall assume the payment of principal and interest."

Amendment C.-That at the end of the fifteenth section of the said recited act, and after the words "altered or amended by the said board," there be introduced the words "provided, that such rules or regulations, or any of them, be not at variance with, or repugnant to the manner and form of election reserved to the subscribers by the eleventh section of an act, entitled, an act supplementary to an act to provide for the funded debt of Indiana, and for the completion of the Wabash and Erie canal to Evansville,'" meaning and thereby intending this present act.

Amendment D.-That at the end of the eighteenth section of the said act, and after the words "the tariff of tolls on similar works," there be introduced the words "provided, that no such tolls be at any time reduced in amount by the State below the average tolls, from time to time paid or payable by the public on any other similar works in the States of Ohio, Illinois and Pennsylvania."

Amendment E.-That in the twenty-second section of the said recited act, after the words "and shall be subject to be removed by the governor during the vacation of the legislature, or by the general assembly when in session," and before the words "the said engineer, before entering on his duties," there be introduced the words "or in case of

the absence of the governor, or in case of urgent necessity, and to prevent immediate damage to the said canal or works, then by the trustees for the time being, or by a majority of them."

Amendment F.-That at the end of the twenty-fourth section of the said recited act, and after the words "and applied accordingly," there be introduced the words "and the trustees for the time being may prosecute and sue accordingly; and no plea or other technical objection, in bar or abatement, shall be taken or judicially allowed, so as to defeat such prosecution or action, or other proceeding, on the ground of any misnomer, misdescription of the premises or parties, or want of interest in the prosecutor or plaintiff, as the case may be."

Amendment G.-That at the end of the twenty-seventh section of the said recited act, and after the words "of the Revised Statutes of 1843," there shall be introduced the following words: "And such offender shall immediately, on reasonable evidence taken on oath, of such offence having been committed, and after due notice of the time and place of taking such proof, and a fair opportunity to rebut the same, and a judgment of guilty by the officer or court before whom such examination shall be had, and without waiting for any other legal or more formal conviction, be, and be deemed and taken to be, absolutely dismissed and displaced from whatever situation he may then hold, and his situation declared vacant, without any particular form or ceremony whatever, and another and competent person shall be elected in his place and stead, in the same manner in which such offender was originally elected, or as near thereto as circumstances will permit, and by the party or parties by whom he was so originally elected, whether by the governor, the general assembly, the trustees, or the subscribers."

Amendment H.-That in the thirty-second section of said act, after the words "in the same manner as if this section were not adopted," and before the words "and provided further," there be introduced the words, "notifying in writing to the trustees for the subscribers, for their guidance and information, the numbers, dates and amounts of the certificates so redeemed, in the same manner as in the fifteenth section of the said amended act (meaning this present act) is provided."

Amendment J.-That the thirty-fifth section of said act be, and is hereby, amended in so far, that the State shall fix the salary of the trustee to be named by the State, and the subscribers, or the majority in number and value, (whose consent shall be ascertained in the manner mentioned in the eleventh section of this act,) shall fix the salaries of the two trustees representing the subscribers, subject to the approval of the legislature of this State: Provided, however, The said legislature shall never reduce such salary for the resident trustees, on the part of the subscribers, below twelve hundred dollars, or of the non-resident trustees, below fifteen hundred dollars.

Amendment K.-That instead of section four in the said act, the following section be adopted in lieu thereof:

SEC. 4. The stock created pursuant to this act shall be transferable only in the city of New York, on books to be provided for that purpose by the State, by the holder or holders thereof, or his, her or their assignee, or duly constituted attorney, in pursuance of such rules as may be adopted by the agent of State, or may be prescribed by law;

but no transfer shall at any time be permitted, except on the surrender and cancelment of the outstanding certificate: Provided, however, That possession of a certificate of stock, with an endorsement thereof on the back, to the possessor, purporting to be by the holder under his hand, attested by two witnesses, shall be deemed a sufficient power of attorney, in all cases, to authorize and warrant the agent of State to transfer on the books, in the name of such holder, such stock to such possessor; and the agent of State shall at all times be deemed the agent of the parties for making the transfers, under such circumstances, and no rule of transfers shall be adopted by the agent of State, or prescribed by law, incompatible herewith: Provided further, however, That the State shall in no case be held responsible for the genuineness of such endorsement or attestation; but the fact that an endorsement is made on such certificate, attested as aforesaid, accompanied with actual possession of such certificate, shall be sufficient evidence of right, and shall be a sufficient warrant to said agent of State, for and in the name of the holder of such stock, to transfer the same to the possessor of such certificate, on the surrender and cancelation of the same.

Amendment L.-That the twenty-fifth section of said act be amended, by adding, after the words "final payment," the words "of any instalment of purchase money," so as to extend the time of payment of such instalment for the term of five years.

Amendment M.-That in the thirtieth section of the said act, after the words "State," and before the words "for the transaction," there shall be introduced the words "and also an office;" and said thirtieth section is hereby further amended, so that said trustees shall establish two or more land offices at convenient points in this State.

Amendment N.-At the end of the thirty-fourth section of the said act, add the following: "And the said trustees shall further be required to construct and keep in repair such lock or locks, at the dam erected across the west fork of White river, as may be necessary to the unobstruction and safe navigation of said river; and keep in like good repair the steamboat lock at feeder dam number four, on the Wabash river; and should the trustees of said canal require an increased supply of water, said trustees, should they deem it necessary, may construct a navigable feeder from St. Mary's river: Provided, they first pay all damages accruing from the construction of said feeder."

Amendment 0.-In the eight section of the original act, after the word "extensions," and before the word "finished," add the words "by whatever other name the same may be now designated."

Amendment P.-"Any actual settler and occupant of any of the lands hereby, or by the said original act, authorized to be conveyed, shall have the right and privilege, by paying for the same in hand, to purchase such tract of land at one dollar and twenty-five cents per

acre."

SEC. 20. That in order to facilitate the surrender and exchange of bonds for certificates, as regards bondholders resident in Great Britain. or on the continent of Europe, and to avoid the risk of transmission across the ocean, it is hereby enacted, that the agent of State shall have power, and he is hereby authorized to appoint some suitable person or persons in London, to receive from subscribers and other bond