50

LAWS OF MARYLAND

gineers utensils and implements, and for such ma-
terials and articles as shall from time to time be
necessary to transact and perform the business and
work, and to effect the object for which said com-
pany is incorporated; to fix the compensation for
all such engineers, artists, superintendents, officers
and hands, and in their discretion to dismiss, re-
move and discharge the same.

May agree
with owners.

SEC. 5. And be it enacted, That said corporation by
themselves, or their agents, may agree with the
owner or owners of any land, earth, gravel, stone,
timber or other material, or with the owner or owners
of any stream or improvement which may be wanted
for the proper construction or repair of said canal,
or any of its works; for the purchase, use, occu-
pation or diversion of the same, and if they can-

Legal hind-
rances.

not agree, or if there be legal or other hind-
rances, then the said corporation shall have all
the relief and advantage afforded and provided
in section one hundred and seventy, one hundred
and seventy-one, one hundred and seventy-two,
one hundred and seventy-three, one hundred and
seventy-four and one hundred and seventy-five of
the general incorporation act of this State, whenever
said canal shall pass or cross any public road or rail-
road, the said corporation shall erect and maintain
in good order such suitable swing, draw or other
bridges as may be necessary and proper for such
passage, so that travel on such public road or rail-
road may not be impeded, or transportation thereon
interrupted or hindered.

Public high-
way.

SEC. 6. And be it enacted, That all vessels shall be
free to navigate the said canal on equal terms; and
said canal, when so constructed and opened for navi-
gation, shall be and remain a public highway, open
to all vessels upon terms of the most exact equality,
and no higher tolls by any name or device shall be
charged upon or collected from citizens of this State,
than are charged and paid as through tolls; excep-
ting, however, that vessels owned by any citizens of
this State and passing through only one-half or less
of said canal, shall not be charged more than a fair
proportion of toll, nor shall any unfavorable dis-
crimination be made against local freight or trade.