600

LAWS OF MARYLAND.

the owner, or owners of any land, real estate, spring,

Purchase

brook, water, or water course as aforesaid, earth, timber,

land, &c.,
for water

stone, or other material which they may need, or require in

works.

the building of said water works, and to make any pur-

chase, for such price as may be agreed upon, and the title

to any such land, real or leasehold estate, spring, brook,

water, or water course, earth, timber, stone, or other mate-

rial, shall rest in the mayor and councilmen of said town.

SEC. 39. And be it enacted, That if the said mayor and

Condem-

councilmen cannot agree, or if there be any incapacity, or

nation.

disability to contract with the owner or owners of said

land, or real estate, spring, brook, water, or water course,

as aforesaid, earth, timber, stone, or other material, or

with the owner or owners of such lands through which they

may find it necessary to have a right of way, or entry, or pas-

sage for the purpose of conveying the said water into or

through the said towu, or if such owner, or owners shall be

absent out of the State, or unknown, or without legal capacity

to contract, by reason of infancy, coverture or otherwise,

it shall be lawful for the said mayor and couucilmen to

secure by condemnation auy such land, real estate, spring,

brook, water, or water courses, easement or franchises, earth,

timber, stone, or other materials, which they may deem

necessary in the same manner, and by the same proceed-

ings, as is now provided for in the condemnation by cor-

porations under article 23, section 248 and etc., of the Code

of Public General Laws, of the State of Maryland.

SEC. 40. And be it enacted, That the mayor and council-

Ordi-
nances re-

men are hereby invested with full power and authority, to

lating to
water.

enact and pass all ordinances, which from time to time they

may deem necessary and proper, to regulate the introduc-

tion and use of said water, and for the protection and pre- ,

vention of the works, machinery and property connected

therewith, they shall have power to appoint a superintend-

ent, and to fix and establish, from time to time, a schedule

of rates and charges to be made and collected, for the use

of said water ; and the bailiff, or the superintendent, as the

mayor and couucilmeu shall by ordinance direct, shall as in

the case of other taxes collect said charges, and pay over

the same to the mayor and councilmen, who may allow him

therefor such additional compensation, as they shall deem

reasonable and all moneys derived from the use of said water

shall be held by said mayor and councilmen, for the purpose

of paying the expenses of operating said water works and

for the interest and principal of the bonded indebtedness

incurred therefor, and the said mayor and councilmen are

hereby authorized to make suitable provisions for the pro-