360 LAWS OF MARYLAND.
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tion of said river, and the side or branch booms
above mentioned may be constructed and located
at any place between the point above designated |
Provisos. |
for the main boom or booms and Principio and
Swan creeks; provided, there shall be no boom
constructed from Cooley's Point and Point Con-
cord on the west side of the river across the Ferry
channel between Port Deposite in Cecil county, and
Lapidum in Harford county, and from the Mary-
land Canal to Pisee's or Deep Water Point on the
east side of the river; provided, that no public
landing, or any place used as such, shall be con-
demned for the use of said company, nor shall it
be lawful for said company, by the erection or use
of any boom or booms, or any works appurtenant
thereto, or by the accumulation of logs, masts,
spars or other lumber, to obstruct in any manner
any channel by which ingress to, and egress from
such landings are had; and provided further, that
no boom or booms, pier or piers, or any fixtures
appertaining thereto shall be so constructed or |
Navigation
not to be ob-
structed. |
used as in any wise to impede or obstruct the navi-
gation of the Susquehanna river, or any of its
tributaries, nor to infringe or injure in any manner
the rights and privileges of the owner or owners,
or possessors of any fishery or shore property,
either on the main land or islands, or any other
property, real or personal; and that said company
shall be liable for and pay all damages, direct or
consequential, that may be done to private property
by reason of the erection, maintainance or use of
said boom or booms, pier or piers, or any works
appurtenant thereto; said damages to be deter-
mined and ascertained by a jury of condemnation
as provided in section four, which said jury shall be
summoned to ascertain and assess the amount of
damages, at the instance of either the boom com-
pany, or the owner of the property so claimed to
be injured or depreciated in value, and in all cases
where private owners of property feeling them-
selves aggrieved or Injured in their property may |
May require
a Jury to be
summoned. |
demand and require a jury to be summoned to as-
certain the damage or injury to property so claimed
to be injured, and where the amount so assessed
by the jury is in amount the same or less than
that tendered by the corporators, then the Judge
of the Circuit Court of the county within which |
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