EDWIN WARFIELD, ESQ., GOVERNOR,

81

not constituting a necessary part of the channel or direct water-

way of said canal, and whether said strips and parcels shall be

required for said right of way and roadway of said railroad, or

for piers and other structures requisite to support its bridges

on its right of way, or crossing said canal.

SEC. 5. And be it enacted, That the Western Maryland Rail-

Condemnation

road Company be and it is hereby expressly authorized to

of land along

condemn as aforesaid for its use in perpetuity as a part of the

the canal.

right of way for its railroad as now located thereon, such

pieces and parcels of ground of said canal company (or any

interest therein as aforesaid) on the southern or towpath side

of the same, lying adjacent to, or on the outer edge or side

of the towing path thereof, as shall be required for the placing

and erection thereon of piers and other works proper to sup-

port the said bridges and railroad across said canal and said

Potomac valley and river at the places where said railroad is

now located, or at such other places as it may be found nec-

essary to cross said canal; and also to condemn the casement

of the use of any requisite parcels of ground on the southern

or towpath side of said canal outside the towpath thereof upon

which to deposit waste material to be taken from the north

side of said canal across to the south side thereof, as herein-

To deposit

after provided, such waste material, however, shall be depos-

waste mate-

ited in such places and in such a way that it will not substan-

rial.

tially or injuriously diminish or contract the flood area of the

Potomac river: and the Board of Public Works of Maryland

is hereby authorized to permit any other crossings of said canal

by said railroad that shall be found necessary and to approve

such plans and fixtures therefor as it shall see fit; but no part

of said towing path shall be occupied by said railroad, piers.

bridges or other structures in such a way as to obstruct the

free passage along the same, or transportation on and along

said canal. And said Western Maryland Railroad Company

shall, before it attempts to exercise any of the rights of con-

demnation given to it by this Act, as to the said canal lands,

and within sixty days after the passage of this Act file with

Plats to be

the Secretary of State, who shall have official custody thereof,

filed with

Secretary of

a plat or plats, showing said line of railroad and the limits of

State.

the whole right of way thereof as now located and laid out on

the ground as aforesaid between said Big Pool, in Washington

County, and the point of its connection in Mineral County,

West Virginia, near Cumberland, Maryland, with the West

Virginia Central and Pittsburg Railway Company.

SEC. 6. And be it enacted, That the Western Maryland Rail-

road Company be and1 it is hereby expressly authorized to con-