194
LAWS OF MARYLAND.
Proviso.
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received when tendered, may, at any time thereafter,
be recovered from the said company, without cost, by
the said owner or owners, his, her or their legal representatives;
Provided further, that any person or persons
have the privilege of connecting a lateral road with
the main rail road of the said company, and the
payment of such tolls as they may propose, not exceeding
three cents per ton per mile, on all goods, merchandise
and other property, and not exceeding two cents
per mile for every passenger transported thereon, and
that the said company be, and they are hereby required
to transport on said road all coal or other property of
every description, which may be brought to the said
rail road for transportation, under the restrictions above
stated.
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Power to construct
a lock
and dam.
May hold property.
Power to collect
tolls.
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SEC. 5. And be it enacted,
That the said Manor
Mining and Manufacturing company shall have power
to construct a lock and dam improvement, or a work
consisting of part lock and dam, and part canal, or part
rail road, along the ravine or valley of the North Branch
of Potomac river, from the junction of said North
Branch with the Savage river to the source thereof; and
shall be capable in law of purchasing, leasing and
holding such estate, real personal or mixed, as shall be
necessary for said improvement; and upon such part of
said work as may consist of lock and dam, or canal or
clack water, said company shall be entitled to charge,
collect and receive such tolls as are allowed by its charter
to the Chesapeake and Ohio canal company, and
the supplements thereto, and said Manor Mining and
Manufacturing company shall have the same rights
and privileges, and be subject to the same restrictions
in reference to transportation on said improvement, and
to the charge of tolls thereon and their collection, as
are conferred upon said Chesapeake and Ohio canal
company by its charter, and the supplements thereto.
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Not authorised
to direct
the waters
unless consent
be given.
Compensation
to be allowed.
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SEC. 6. And be it enacted,
That nothing contained
in this act shall authorise the said company to use or
divert the waters of the north Branch of Potomac river,
in Allegany county, from their usual course for any
purpose whatever, unless said company shall have first
obtained the consent of all persons who may own or
have an interest in any water right on said river to be
effected by such use; and unless said company shall
have first agreed or contracted with the owner or owners
of any water right that may be effected as aforesaid, or
with his, her or their legal representatives, as to the
compensation to be paid for the use of such water rights
for the purposes of said company.
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