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Priority of
claims in
case of sale
of canal.
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SEC. 2. Be it further enacted, That in case said canal or
my of the property of the Chesapeake and Ohio Canal Com-
pany, shall hereafter be sold under the decree already passed
in said proceeding in equity, or by virtue of any other decree
ar judgment of any court of this State, of the District of
Columbia, or of the United States, heretofore or hereafter made
ind entered in any proceeding to which this State is a party,
said claims and judgments, when proven, as hereinafter speci-
fied, shall have priority in the distribution of the funds arising
from such sale over all liens, claims and demands of this State
whatsoever, said liens, claims and demands of the State being
hereby assigned, waived deferred and postponed pro tanto to
and for the holders and owners of such claims and judgments,
so as to make the same first liens on the property of the Chesa-
peake and Ohio Canal Company in preference to all liens and
claims of the State; provided, that all said claims for labor
and materials done and furnished since the first day of Janu-
ary, 1877, and down to January, 1890, shall have precedence
(without priority between themselves,) over said judgments
rendered on account of claims against said company accruing
prior to January 1, 1877, and the prior lien of said judgments
on said canal property, over the liens of the State, hereby given
by this act, shall be postponed and secondary to the lien
hereby given to said labor claims accruing since January 1,
1877.
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Proof of
claims.
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SEC. 3. And be it further enacted, That the proof of such
judgments or claims shall be, in case of judgments, the ordi-
nary authentication and proof now required by law in such
cases in courts of equity in this State, and claims not reduced
to judgment shall be verified by affidavit of the owners thereof,
and shall be certified to be correct, due and unpaid by the
president or treasurer of the Chesapeake and Ohio Canal
Company, who was such when said claims accrued, and against
such claims the plea of limitation or lapse of time shall not
be available or pteadable in any court of law or equity by any
person or corporation whatsoever.
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Inspection of
books and
popers.
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SEC. 4. And be it enacted, That for the purpose of so cer-
tifying said claims the trustees of the bondholders of 1844,
who are now in possession of the books and papers of the said
canal, or whoever may be in possession of the same, shall at
all times permit said claimants and such president or treasurer
of said canal company, to have free access to all such books
and papers and allow the same to be inspected, and copies and
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