90

LAWS OF MARYLAND,

and dam as aforesaid as the said company, upon
examination shall deem best, beginning at Western-
port or the mouth of Savage river, or at such con-
venient point in that vicinity, as the said company
may select and determine, and running by the
most eligible route, either pursuing the course of
the river or deviating from it, as may be deemed
expedient, to some suitable point on the basin of
the Chesapeake and Ohio Canal at or near the
town of Cumberland, or at some point on the pool
of dam number eight of said canal, above the
town of Cumberland, the said improvement being
intended to be employed principally as a feeder to
the Chesapeake and Ohio Canal, from the coal
fields of Westernport and the North Branch of the
Potomac; and in the event of the said President
and Directors being unable to agree with the
owners of lands, through which the said improve-
ment is intended to pass, for the right of way and
the site of their said work, the said President and
Directors are hereby authorized and empowered to
condemn all such lands as may be necessary for
the construction of said locks, dams, abutments,
canals, lock-houses, rail roads, embankments, or
other works or appurtenances whatsoever, as is
given to the Baltimore and Ohio Rail Road Com-

Provisos.

pany by its charter, or by any supplement thereto;
provided, that no private property shall be taken
or condemned for the use of said company, with-
out just compensation, as agreed upon between the
parties, or awarded by a jury is first paid or ten-
dered to. the party entitled to such compensation ;
provided further, that in determining the amount
of compensation, which ought to be made by said
company, to the party or parties, through or upon
whose lands such rail road or canal shall be located
and made, the jury shall make no allowance or
deduction on account of any real or supposed
benefits, which the parties in interest may derive
from the construction of said rail road or canal;
and provided further, that all costs and expenses,
which may accrue in consequence of the condem-
nation of any lands or materials for the use of
said rail road or canal, shall be paid by said com-
pany.

Shall provide
motive power,
Ac.

Sec. 6. And be it enacted, That the railroad
which it shall locate and construct by this act,