1835.
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LAWS OF MAKYLAND.
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ment, has the right in the course of its rail road, to
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CHAP. 327.
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construct bridges across navigable streams; and where-
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as, it is proper that while such right is declared, a
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more enlarged provision should be made for satisfac-
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tion of damages arising from the exercise of it, than said
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act contemplates: — -Therefore,
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Lawful to erect
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SECTION 1. Be it enacted by the General Assembly of
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bridges
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Maryland, That it shall and may be lawful for the Bal-
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timore and Port Depositc Hail Road company, for the
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passage of their rail road, to erect pile bridges over
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the navigable streams of Bush and Gunpowder rivers,
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and other navigable streams, except the Susquehanna
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river, in the course of their present or any future loca-
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Proviso
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tion of said road; Provided, however, that tiie piles of
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said bridges shall be at least ten feet apart transverse-
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ly to the streams, and said bridges shall each contain
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a draw, twenty-five feet wide, to be kept open at the
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proper cost and charge of said company without delay,
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whenever it shall be the wish of any one navigating
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any vessel, that she shall pass up or down said
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Proviso
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streams through said draw; and provided also, that it
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shall he the duty of said company to establish said
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draws over that portions of said streams, best calcula-
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ted to secure the speedy and safe navigation of said
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river through said draws.
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Commissioners to
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SEC. 2. And be it enacted, That James Pannell,
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decide damages
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Thomas A. Hays, and Stephen Waters, of Harford
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county and William Jenkins and David Ridgely, of
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of Baltimore county, shall he and they are hereby ap-
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pointed commissioners with authority to them or a ma-
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jority of them, and whose duty it shall be to decide and
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declare in writing, what damages, whether they be di-
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rect or consequental, and whether the same ho from
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impairing or injuring fishries or navigation or from
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other causes, the proprietor of any land lying on the
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Gunpowder River or Bush Rivet, or any part thereof,
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may have actually sustained, or will in the opinion of
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said commissioners suffer by reason of the construc-
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tion of any bridge which the said company shall have
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built, or may hereafter build, a cross either of the
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In six months
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said Rivers; and that they shall make such decision
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and declaration in each case within sixty days next
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