672

LAWS OF MARYLAND.

mentioned in said act ; and the said damages, as well

as all damages for the lands, easements and rights

which it may require for such boom or booms, piers,

Ascertained

dams and appurtenant works, shall be ascertained

and assessed

and assessed by a jury of condemnation, which shall

be summoned, and proceed in the same manner, and

in like cases, provided in section two of said act;

but the said jury, to ascertain and assess damages

which may be done to private property not required

by said corporation for such boom or booms, piers,

dams and appurtenant works, may be summoned at

the instance of the owner of the property alleged

to be damaged, as well as at the instance of said

corporation.

Use reasonable

SEC. 9. And be it enacted, That it shall be the duty

diligence.

of said corporation to use reasonable diligence to

catch all logs, timber and lumber of every descrip-

tion that may be floated or rafted to said boom or

booms, and to hold the same in said boom or booms

for the owner or owners thereof; and it may con-

tract with the owner or owners thereof for the use

of said improvements, and establish such rates of

charges for boomage and other services as may be

reasonable and proper, and recover the same ; and

Lein upon

shall also have a lien upon all logs, timber and lum-

ber of every kind secured in said boom or booms,

until the boomage thereof is paid ; and in case the

owner or owners of any timber, logs, or lumber of

any kind, shall neglect or fail to pay said boomage

for the space of thirty days after the same are se-

cured in said boom or booms, it shall be lawful for

said corporation to sell the same at public auction

after ten days' public notice, and out of the proceeds

of sale pay all cost, and expense attending said sale,

and the boomage due on said logs, timber and lum-

ber of every kind, and the balance pay over to the

owner or owners thereof upon demand for the

same.

In force.

SEC. 2. And be it enacted, That this act shall take

effect from the date of its passage ; provided, how-

Proviso

ever, that the powers conferred by the original act,

to which this act is an amendment, in relation to

booms and boomage, shall not be exercised except

upon the North Branch of the Savage River.

Approved April 11th, 1874.