1835.

LAWS OF MAKYLAND.

ment, has the right in the course of its rail road, to

CHAP. 327.

construct bridges across navigable streams; and where-

as, it is proper that while such right is declared, a

more enlarged provision should be made for satisfac-

tion of damages arising from the exercise of it, than said

act contemplates: — -Therefore,

Lawful to erect

SECTION 1. Be it enacted by the General Assembly of

bridges

Maryland, That it shall and may be lawful for the Bal-

timore and Port Depositc Hail Road company, for the

passage of their rail road, to erect pile bridges over

the navigable streams of Bush and Gunpowder rivers,

and other navigable streams, except the Susquehanna

river, in the course of their present or any future loca-

Proviso

tion of said road; Provided, however, that tiie piles of

said bridges shall be at least ten feet apart transverse-

ly to the streams, and said bridges shall each contain

a draw, twenty-five feet wide, to be kept open at the

proper cost and charge of said company without delay,

whenever it shall be the wish of any one navigating

any vessel, that she shall pass up or down said

Proviso

streams through said draw; and provided also, that it

shall he the duty of said company to establish said

draws over that portions of said streams, best calcula-

ted to secure the speedy and safe navigation of said

river through said draws.

Commissioners to

SEC. 2. And be it enacted, That James Pannell,

decide damages

Thomas A. Hays, and Stephen Waters, of Harford

county and William Jenkins and David Ridgely, of

of Baltimore county, shall he and they are hereby ap-

pointed commissioners with authority to them or a ma-

jority of them, and whose duty it shall be to decide and

declare in writing, what damages, whether they be di-

rect or consequental, and whether the same ho from

impairing or injuring fishries or navigation or from

other causes, the proprietor of any land lying on the

Gunpowder River or Bush Rivet, or any part thereof,

may have actually sustained, or will in the opinion of

said commissioners suffer by reason of the construc-

tion of any bridge which the said company shall have

built, or may hereafter build, a cross either of the

In six months

said Rivers; and that they shall make such decision

and declaration in each case within sixty days next