364

LAWS OF MARYLAND.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Sections 1 and 3 of Chapter five hundred and forty
of the General Assembly of Maryland, passed at its January
Session, eighteen hundred and ninety-four, be and the same
are hereby repealed and re-enacted to read as follows:

Right to erect
dam, condemn
property, etc.

1. The Great Falls Power Company aforesaid is hereby
granted the right to erect such dam or dams or other structures
in the Potomac river, in this State, as may be necessary to
accomplish the purposes and objects set forth in its original
and amended charters, and to that end to condemn property,
whether held by individuals or corporations in the State of
Maryland in the same full and ample manner as is provided
by the section of Article 23 of the Code of Public General
Laws of Maryland, title "Corporations," sub-title "Railroad
Corporations," and subject to the restrictions and limitations
therein contained, so far as the same are applicable to the
changed purposes, objects and designs of the Great Falls .
Power Company, as established by the provisions of its
charter and any amendments thereto; provided, however,

Powers
defined.

that said company shall have the same full, ample and like
powers for acquiring by agreement, purchase, gift or con-
demnation property for its uses and purposes as a railroad
company would have under the provisions of the aforegoing
Article 23 of the Code of Public General Laws of Maryland,
and any amendments thereto; provided, however, that the
acceptance of this Act shall oblige and bind the said Great
Falls Power Company not to take, occupy, use, interfere
with or damage any property or right vested in the Chesa-
peake and Ohio Canal Company acquired as the successor of
the Potomac Company or otherwise, and not to endanger any
part of the canal or works of said canal company in any
degree by liability to flood, except by or under written agree-
ment or agreements between the said power company on the
one part and the said canal company and the trustees for the
time being of the bondholders of said canal company under
its mortgages of 1848 and 1878 on the other part, and approved
by the Board of Public Works; and as conditioned precedent
to the exercise of the right herein granted to build a dam or
other structure, as aforesaid, the said power company shall
file with the Board of Public Works a survey and plan of the
same, showing its location, elevation and construction as pro-
posed, and provided also that nothing herein contained shall
be so construed as to authorize and empower the Great Falls
Power Company to interfere with the vested property -rights
of the Montgomery Power Company.