292 JOURNAL OF PROCEEDINGS [Feb. 20,

obstruct the navigation 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 mainland 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 rea-
son of the erection, maintainence or use of said boom or booms,
pier or piers, or any works appurtenent thereto; said damage
to be determined and ascertained by a jury of condemnation,
as provided in sec. 4, which said jury shall be summoned to
ascertain and assess the amount of damages at the instance of
either the Boom Company, or the owner of the property so
claimed to be injured or depreciated in value, or by suits of
law, &c.; and in all cases where private owners of property,
feeling themselves agrieved or injured in their property, may
demand and require a jury to be summoned to ascertain the dam-
ages or injury to property so claimed to be injured, and where
the amount so assessed by the jury, is in amouut the same or less
than that tendered by the corporators, then the Judge of the
Circuit Court of the county within which the property lies
shall determine which of the parties shall pay all the costs
attendant on the summoning the jury, and the performance
of the duties entrusted to them;"

Which were severally read and adopted.

Mr. Billingslea submitted the following amendment to the
3d section:

In line 5, sec. 3, after "spars," strike out the word "tim-
ber;"

Which was read and adopted.

Mr. Maddox submitted the following amendment to the 3d
section:

Sec. 3, line 60, after the word "the," insert "the school
fund of the State," and strike out the words "commissoners
&c.," inclusive of the word -'schools," in line 61;

Which was read and adopted.

Mr. Stirling submitted the following amendment to the 3d
section:

Sec. 3, after the word "river," in line 12, insert "the loca-
tion of said boom, shall be above the bridge of the Philadel-
phia, Wilmington and Baltimore Railroad;"

The question on the adoption of the amendment, was
Determined in the negative by yeas and nays as follow:

Messrs. Stephenson, Stirling,

AFFIRMATIVE. Waters— 3.