110 LAWS OF MARYLAND.

County," sub-title "City of Cumberland," to provide for the
purchase and condemnation of a right of way, as nearly as
practicable fifty feet in width, along the water main extend-
ing from the Fort Hill Reservoir, near the City of Cumber-
land, to the intersection of said line with the Mason and Dixon
Line, in Allegany County, Maryland."

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That the charter of the City of .Cumberland be and the
same is hereby amended by adding thereto a Section to be
designated as Section 78-D 4 of the Local Laws of the State of
Maryland, under the title "Allegany County," sub-title "City
of Cumberland,'' the same to read as follows :

SEC. 78-D 4. That, if the Mayor and City Council cannot
agree, or if there be any incapacity or disability to contract
with the owner or owners of any land traversed or through
which is laid the water main of the City of Cumberland, ex-
tending from the Fort Hill Reservoir, near the City of Cumber-
land, to the intersection of the water main of said city with
the Mason and Dixon Line between Allegany County, Mary-
land, and Bedford County, Pennsylvania, through which the
water is conveyed from Evitt's Creek in Bedford County, Penn-
sylvania, to the City of Cumberland, or if such owner or owner
shall be absent out of the State or unknown, or without legal
capacity to contract by reason of infancy, coveture or other-
wise, it shall be lawful for the Mayor and City Council of Cum-
berland to secure by condemnation a right of way, as nearly as
practicable fifty feet in width (except where the same may
cross public roads), the same to extend as nearly as practicable
twenty-five feet on each side of the center line of said main, the
title to which, whether acquired by purchase or condemnation,
shall thereafter vest in the Mayor and City Council of Cumber-
land in fee, with the right to purchase or condemn such land on
either side of said right of way as may be necessary to properly
grade any surface water on streams over or under said main,
such condemnation to be in the same manner and by the same
proceedings as heretofore provided for railroad companies by the
Acts of Assembly of 1896, Chapter 151, and by the Acts of
Assembly of 1892, Chapter 657, Section 167-A (which should
have been designated 167-B).

SEC. 2. And be it further enacted, That all Acts and laws
inconsistent with this Act be and the same are hereby repealed in
so far as the same may be inconsistent.