ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

195

stituted against said Washington and Cumberland railroad com-

pany by any person or corporation whatever, or unavoidably and

in good faith instituted by said Washington and Cumberland rail-

road company to acquire or establish its title by condemnation

proceedings or otherwise, then the time above named shall be en-

larged so as to cover the period during which the operations of

said company shall be so delayed; the said Washington and

Cumberland railroad company shall succeed to, use and enjoy all

Washing-

the water-rights of the said Chesapeake and Ohio canal company,

ton & Cum-
berland R.

and may sell, lease or otherwise dispose of the same as it may

R. Co.

deem desirable, and that these water-rights may be the more

effectually used and enjoyed, it shall be the duty of the said

Washington and Cumberland railroad company to maintain so

much of the said canal and such of the dams across the Potomac

river, ana especially so much of the Georgetown levee thereof as

said railroad company may deem necessary or desirable; in con-

sideration of the execution of said lease said Washington and

Cumberland railroad company shall within six months from the

execution thereof pay to the treasurer of this State, who shall re-

ceive the same under the responsibilities of his office, a sum equal

to the principal and accrued interest of the repair bonds issued

To pay In-

under the act of eighteen hundred and seventy-eight, chapter

terest.

fiftv-eight, which sum said treasurer shall at once apply to the

payment or purchase of said repair bonds and coupons thereon ;

also a sum of seventy thousand dollars to be applied to the pay-

ment of the outstanding claims against said Chesapeake and Ohio

canal company for the work and labor done and material fur-

nished in and upon said canal which accrued between January

the first, eighteen hundred and seventy-seven, and January the

first, eighteen hundred and ninety, which claims upon the pre-

sentation by the owners thereof, duly sworn to and certified to be

correct by the president and treasurer of the Chesapeake and

Liabilities.

Ohio canal company, the treasurer of the State is hereby directed

to purchase and pay for with said sum; also a sum equal to the

outstanding judgment for about thirty thousand dollars and in-

terest thereon recovered in the circuit court for Allegany county

at the October term, eighteen hundred and eighty-eight of said

court, by William Walsh and others against said Chesapeake and

Ohio canal company, which amount the treasurer shall in like

manner apply to the purchase or payment of said outstanding

judgment »,nd interest thereon; upon the payment by the treas-

urer with said sums so received by him from said Washington

and Cumberland railroad company of said repair bonds and

coupons thereon of said outstanding claims for labor and materials

and said judgment, this State shall be held to be subrogated tc

the rights of the holders of said repair bonds and coupons of said

claims for labor and materials and of said judgment, so that the

said debts shall not be extinguished by such payments, but shall