GARRETT COUNTY. 871

Council of Kitzmillersville shall be unable to agree with any
owner of real or leasehold property, springs, brooks, water
streams or watercourses or any -other material which partakes
of or is a necessary part of realty, or for any right of way which
they may find necessary for the conduct of said water and
sewerage in its entry into or in said town, or if such owner is
under any disability or incapacity to contract or absent out of
the county or unknown, the said Mayor and Town Council of
Kitzmillersville is hereby clothed with the power of condemna-
tion under the right of eminent domain as provided in Section
251 of Article 23 of the Code of Public General Laws of Mary-
land, as fully as if said section had been herein incorporated;
and their manner of procedure of condemnation for the pur-
poses of this Act shall in all particulars be the same as if
provided by said Section 251 of Article 23. The said Mayor
and Town Council of Kitzmillersville shall have full power to
fix schedules of rates for furnishing water and sewerage to
private residences and other buildings, and the said Mayor and
Town Council as aforesaid shall have power to collect the
same as other taxes are collected, and the income thereof shall
be applied first for exepenses and maintenance and afterwards
for the payment of the interest on the bonds and a sinking
fund to meet the bonds at maturity.

SEC. 3. And be it enacted, That the title to said waterworks
and sewerage, and all land, estates and watercourses, water-
ways, conduits, pipes, machinery and all other parts thereto
shall when completed or acquired vest in the Mayor and Town
Council of Kitzmillersville. And every person who shall
knowingly or wilfully pollute any spring, stream, brooks,
watercourses, reservoir or standpipe in connection with the
said waterworks so built or constructed by throwing in any
impure or deleterious substance or thing into the same, or by
swimming, bathing or washing themselves, or by washing
clothes or any other thing therein, or by committing any nui-
sance in or near the sources of supply, or the reservoir or stand-
pipe or water sheds for said waterworks, so as to pollute the
same, shall, upon conviction of such offense, be liable to a fine
of not less than fifty dollars nor more than five hundred
dollars for each offense, to be recovered by the Mayor and
Town Council of Kitzmillersville before a Justice of the Peace
as other fines are recovered, or to imprisonment in the county
jail or in the House of Correction for a term of riot less than
six months or more than two years, or both fine and imprison-
ment, in the discretion of the Justice of the Peace, one-half of
such fine to go to the informer, and the balance to the Mayor
and Town Council of Kitzmillersville for the purpose of this
Act.