| 1784.
CHAP.
XXXIII. |
LAWS of MARYLAND.
person for favour or affection, nor any person grieve for hatred, malice
or ill-will;
and the inquisition thereupon taken shall be signed by the sheriff and
some twelve
or more of the jury, and returned by the sheriff to the clerk of his county,
to be
by him recorded; and upon every such valuation, the jury is hereby directed
to
describe and ascertain the bounds of the land by them valued, and their
valuation
shall be conclusive on all persons, and shall be paid by the said president
and
directors to the owner of the land or his legal representative, and on
payment
thereof, the sid company shall be seized in fee of such land, as if conveyed
by
the owner to them and their successors by legal conveyance. Provided
nevertheless,
that if any further damage shall arise to any proprietor of land in consequence
of opening such canal, or in erecting such works, than had been before
considered
and valued, it shall and may be lawful for such proprietor, as often as
any such
new damage shall happen, by application to, and warrant from, any two justices
of the county where the lands lie, to have such further damage valued by
a jury
in like manner, and to receive and recover the same of the said president
and directors;
but nothing herein shall be taken or construed to entitle the proprietor
of any such land to recover compensation for any damages which may happen
to
any mills, forges, or other works or improvements, which shall be begun
or
erected by such proprietor after such first valuation, unless the same
damage is wilfully
or maliciously done by the said president and directors, or some person
by
their authority. |
Erect buildings,
&c. |
XII. And be
it enacted, That the said president and directors, or a majority
of them, are hereby authorised to agree with the proprietors for the purchase
of
a quantity of land, not exceeding one acre, at or near each of the said
places of
receipt of tolls aforesaid, for the purpose of erecting buildings,
and in
case of disagreement, or any of the disabilities aforesaid, or the proprietor
being
out of the state, then such land may be valued, condemned, and paid for,
as
aforesaid, for the purpose aforesaid, and the said company shall, upon
payment
of the valuation of the said land, be seized thereon in fee-simple as aforesaid. |
Water to be
used only for
navigation,
&c. |
XIII. And, whereas
some of the places through which it may be necessary to
conduct the said canals may be convenient for erecting mills, forges, or
other
water works, and the persons possessors of such situation may design to
improve
the same, and it is the intention of this act not to interfere with private
property,
but for the purpose of improving and perfecting the said navigation, Be
it enacted,
That the water, or any part thereof, conveyed through any canal or cut
made
by the said company, shall not be used for any purpose but navigation,
unless
the consent of the proprietors of the land through which the same shall
be led
be first had; and the said president and directors, or a majority of them,
are
hereby empowered and directed, if it can be conveniently done to answer
both
the purpose of navigation and water works aforesaid, to enter into reasonable
agreements with the proprietors of such situation concerning the just proportion
of the expences of making large canals or cuts, capable of carrying such
quantities
of water as may be sufficient for the purposes of navigation, and also
for
any such water works as aforesaid. |
Shares may be
transferred,
&c. |
XIV. And be
it enacted, That it shall and may be lawful for every of the
said proprietors to transfer his share or shares, by deed executed before
two witnesses,
and registered after proof of the execution thereon in the said company's
books, and not otherwise, except by devise, which devise shall also be
exhibited
to the president and directors, and registered in the company's books,
before the
devisee or devisees shall be entitled to draw any part of the profits from
the said
tolls. Provided, that no transfer whatsoever shall be made, except
for one or
more whole share or shares, and not for part of such shares, and that no
share
shall at any time be sold, conveyed, transferred, or held in trust, for
the use and
benefit, or in the name of another, whereby the said president and directors,
or
proprietors of the sid company, or any of them, shall or may be challenged,
or
made to answer concerning any such trust, but that every person appearing
as
aforesaid to be a proprietor shall, as to the others of the said company,
be to
every intent taken absolutely as such, but as between any trustee and the
person |
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