230

LAWS OF MARYLAND.

purchase thereof, to have the same condemned for
the use of said company, for the purpose of erect-
ing and making wharves, lumber yards, landings,
darns and locks, so much land on or contiguous to
said river, not exceeding the one-half of an acre
at any one place, as may be necessary for said
purposes or any of them, said condemnation to be
made as hereinafter provided for.

Judge to ap-
point commis-
sioners.

Sec. 15. And be it further enacted, That upon
the application of the said company, the Judge of
the Circuit Court for Worcester county shall ap-
point three discreet and sensible men citizens and
residents of said county, to be Commissioners to
assess damages of land owners, and upon the
death, resignation, removal, neglect or dereliction
of any such Commissioner, the said court upon
like application shall fill his place; and the said
application and appointment shall be returned
and recorded by the Clerk of the Circuit Court for
said county, and the said Commissioners before
they act shall take an oath before some Justice of
the Peace of said county, to be certified by said
Justice and recorded as aforesaid, to view and
examine the lands of owners bordering on said
river, to consider all the benefits and advantages
which said owners may derive from or in con-
sequence of the opening of the navigation of said
river, and all the disadvantages and injuries which
he, she or they sustain thereby, by the overflow-
ing of his, her or their lands, or by the condemna-
tion of any portion of his, her or their lands for
wharves, lumber yards, landings, dams or docks
and locks, and fairly and impartially to assess the
damages of such owner or owners, and in all things
faithfully to execute the duties hereby imposed
upon them, each of said Commissioners to be entitled
to three dollars per day fpr every day shall be
occupied in the duties hereby imposed to be paid
by said company.

Mode of pro
ceeding in a
case of con-
demnation.

Sec. 16. And be it enacted, That whenever it
shall be necessary for the said company in order
to render said river navigable by damming to over-
flow the lands of any owner on said river, or to
enter upon and occupy any parcel of land on or
near said river for the purpose of a wharf, lumber
yard, landing, dam or lock, if the owner or owners
of said land shall refuse to permit such overflow