The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1866-05-05
WHOLE NO. 70.

property thus leased or purchased, and
such real estate and water rights which
are not donations, shall be leased or pur-
chased by the, company of the owner or
owners Of the same, at q price to be mutu.
ally agreed upon between them, ard in case
they cannot agree, or any of the owners be
fcmecoUerf, under age, non eonapoS naentts,
or out of the county in which the property
wanted may be, application may be made
to any Justice of the Peace of such conn
ty, who shall thereuron issue his warrant
under seal, directed to the sheriff of said
county requiring him to summon twenty
disinterested inhabitants to meet at or near
the land on the day named in the said war
rant, not less than ten, nor more than twen-
ty days after issuing of the same, and If any
of the said persons do not attend, the said
sheriff shall Immediately summon as many
jurors as shall be necessary with the Jurors
in attendance to furnish panel of twenty
in attendance, and from the panel each par
ty may strike four jurors, and if eight be not
struck, the sheriff may strike as many as
with those struck By the parties will make
| eight. and the remaining twelve shall act
as O jury of inquest of damages and before
they act as such the sheriff shall administer
to them an oath or affirmation, as the case
/ q
damages sustained by the said owner or
owners by the use and occupation of the
| said land by the said company, and the
said jury shall reduce their inquisition to
writing, and sign and seal the same and it
shall then be returned by the sheriffto the
clerk of the county where the land may be,
and by such clerk fled IN his Office, and
shall be confirmed by said court at its next
session, if no causebe shown to the contra
TT, but if set aside, the said court may di-
rect another inquisition to be taken in the
manner above prescribed, and such inquisi-
tion shall describe the property taken by
metes and bounds, and the valuation when
paid or rendered by the company, shall en-
title said company to the use and occupa-
tion during their corporate existence, and
| iftbe valuation shall not be received when
| rendered, it may be received any time af-
terwards, and all the expenses incurred by
said inquisition shall be paid by the said
company. 5Te sdi aaw
+, Sec. I. Ay,d be It further enacted, That
the said company shall at their own costs
aud expense erect and maintain good and
substantial bridges over and across said
camel wherever it crosses any public road
or street, and also whore it crosses any pri.
vate roads, should they, by the agreement
with the owners of a real estate agree so
to do, or should the company by the ver-
dict of any jnry duly authorized, be requir-
SO to do.
SEC. 8. A,d be it further enacted, That
it is and may be lswfsl for the said compa-
ny to levy, demand and receive all such tolls
not exceeding eighty per cent, ofthe maxi
mum charges authorized to be charged by
the Chesapeake and Ohio Canal Company,
as majority of the Directors at any regu-
| lar meeting shall assess upon all vessels
either empty or containing freight. and all
goods, chattels and freight of any kind car
ried through said canal, and upon all rats
of timber and crafts navigating said canal,
subject however to the right of the Gener~
al Assembly of the State of Maryland TO
increase or reduce said tolls.
Sec. 9. And be 1t further enacted, That il
any person commanding or directing any
vessels, upon the Canal, shall wantoniy or
neglgently obstruct or impede the naviga-
tion thereof, or any other person malicious
iniure the Locks, Bridges, Basins, or any
of the property OF said corporation, shall
be deemed guilty of misdemeanor, and liza.
BILE to be sned in any conrt of the State, or
ofthe United States having jurisdiction
thereofin in penalty Of not less than ntty
dollars. ~ b7
Sec. 10. Aad be it enacted, That the said
company shall as soon as practicable after
the passage of this act by the General AS
.sembly of the State of Maryland, so COM
mence and prosecute the work OF construct
ing said Canal that it shall be fully complet-
ed in three years from and after the pas
sage of this act
Sec. IL. And be 1t further enacted, That
this act shall be deemed and taken as g
public act, and as such, notice shall be ta-
ken of it by all courts without the necessl-
ty Of pleading the same.
Sec. II. Ind be 1t further enacted, That
the said Canal, and the works to be erect
ed thereon, in virtue Of this act, when com.
pleted shall llforever thereafter be esteemed
and taken to be naVigable as public high
way for the transportation Of all goods
commodities or produce whatever on pay
ment of the tolls imposed in pursuance OF
this act no toll or tax whatever for the use
| of the water of said Canal, or the works
thereon erected, shall at any time hereafter
be imposed by the State of Maryland, ex-
cepti1g upon real estate as said company
may acquire, other than the right OF way
and water for said Canal.
Sec. 13. Aad be 1t enacted, That this acs
shall take effect from the date of Its pas
sage.