82

LAWS OF MARYLAND.

demn as aforesaid the easement of a right to erect, employ,

Excavating
and transport-

provide, and use in, on, over and along said canal, all such

ing earth and
rock.

temporary structures, appliances, devices, ways, means, plans

and methods as will enable it to excavate the earth and rock

upon the north side of said canal for the roadbed of its said

railroad, and to transport the same over and across said canal

to the south side thereof, at all such places where the adjacent

bluffs and declivities of the mountain make the same necessary

or proper, in and during the construction of said railroad.

But this right of condemnation of such easement shall not be

held to include any right to place or use any structures, means

or appliances in, upon, over, or along said canal which shall

obstruct or prevent transportation upon said canal, or the free

passage along and over the towing path of the same, except

during such times as said canal may be closed to traffic.

SEC 7. And be it enacted, That the consent of the State

State's consent
to the con-

of Maryland is hereby given to the condemnation as afore-

demnation.

said of any right, title or interest it has as mortgagee or other-

wise in any such land, property or rights of said Chesapeake

and Ohio Canal Company, so desired as aforesaid by said

Western Maryland Railroad Company, for the purpose of its

said railroad or in constructing the same.

SEC. 8. And be it enacted, That nothing in this Act shall be

Rights of com-
pany not

construed as in any manner abridging any of the rights and

abridged

powers which the Western Maryland Railroad Company now

has, which have hitherto been conferred upon it by its charter,

or any additions thereto or amendments thereof, but that the

powers conferred upon it by this Act are in addition to all

the same and not in curtailment thereof.

SEC. 9. And be it enacted, That this Act shall take effect

from the date of its passage.

Approved March 9, 1904.

CHAPTER 57.

AN ACT to repeal Sections 175A, 175B, I75C, I75D, 175G,

175L and 175P of Article 1 of the Code of Public Local Laws

of the State of Maryland, title "Allegany County, " under the

sub-title "Intoxicating Liquors, " as enacted by the Acts of

1894, Chapter 140; the Acts of 1896, Chapter 118, and Act

of 1902, Chapter 415, and to re-enact the same, with amend-

ments.