1831.

LAWS OF MARYLAND.

CHAP 297

manner may be broken up and removed from the canal, or

any of its basins, ponds or feeders, any boat, float or other

substance, floating loose upon, or sunk therein, the owner

of which is unknown, or if known, neglects or refuses, af-

ter reasonable notice to remove the same; and the materials

of the broken boat, float or other substance, so broken up

Forfeit in ease of
neglect.

and removed, shall be the property of the canal company,

and be applied to defray the cost of breaking up and remo-

ving such nuisance.

Collection of tolls

Sec. 4. And be it enacted, That it shall be lawful for any

secured.

collector of tolls, to refuse to pass any boat, float, produce

or other article, through any part of the Chesapeake and

Ohio Canal, or its locks, until the tolls properly chargeably

thereon shall be paid, and if any boat, float, produce or

other article shall pass through any part of the canal or its

locks, and the owner, captain, or other person having

charge thereof, shall neglect or refuse to pay the tolls due

thereon, then any collector of tolls in the employment of the

canal company, may seize such boat, float, produce, or other

article wherever found, and sell the same at auction for

ready money, which so far as may be necessary, shall be

applied towards paying the said toll, and all expenses of

seizure and sale, and the balance, if any, shall be paid to

the owner.

Use of materials

Sec. 5. And be it enacted, That whensoever it may be

for repairs &c au-
thorised

necessary to obtain earth, stone, timber, or other materials

for repairing the Chesapeake and Ohio canal, or any of its

appurtenant works, and the president and directors of the

canal company, or their properly authorised agent cannot

agree with the owner or owners thereof, for the same; or,

where the owner, or owners thereof shall be a femme

Process of obtain-

covert, under age, non compos, or out of the state, district,

ing.

or county, the same proceedings shall be had to obtain the

same, as are required by the fifteenth and nineteenth section

of the act of the general assembly of Virginia, entitled, An

act incorporating the Chesapeake and Ohio Canal Compa-

ny, and confirmed by the general assembly of Maryland, at

its December session, of the year eighteen hundred and

twenty-four, in relation to the purchase or condemnation of

lands and materials for the construction of the canal.

Immediate use se-

Sec. 6. And be it enacted, That whenever it shall be ne-

cured.

cessary for the said company to require a condemnation o(

any materials for repairing the said canal or its appurtenant

works, the said company, or their properly authorised

agent, may immediately take and use the same, having first

caused the property wanted, to he viewed by a jury, and it

shall not be necessary after such view, to wait the issue o