118 LAWS OF MARYLAND. [CH. 71

ments and ways of all persons and corporations therein,
without the necessity of submitting the purchase or the
award or the ratification thereof to the qualified voters of
Hagerstown, the same, when so acquired to be used for drain-
age purposes for Hagerstown, providing means of payment
therefor and authorizing and empowering the Mayor and
Council to dispose of any part of said tract or tracts of land
so acquired, which in its opinion may be unnecessary for
said purposes set forth in this Act.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That the Mayor and Council of Hagerstown be and
it is hereby authorized and empowered to acquire by purchase or
condemnation a certain tract or tracts of land, with the improve-
ments thereon; abutting on and along both sides of a stream of
water for its entire length commonly called and known as
"Marsh Run" in Hagerstown, Maryland; the entire stream of
water of said Marsh Run from the eastern boundary of the
property of the Hagerstown City Park to Antietam Creek to-
gether with any and all rights, easements, privileges and ways
of all persons and corporations therein and any and all streams
of water, water-ways, water courses and drains emptying there-
into and all rights of every kind and description whatsoever
of all persons. and corporations therein, without the necessity
of submitting the said purchase or the said award or the ratifi-
cation thereof to the qualified voters of Hagerstown, the same
when so acquired to be used for drainage purposes for the in-
habitants of Hagerstown, and when so acquired the title there-
to shall vest in the Mayor and Council of Hagerstown in fee
simple.

SEC. 2. And be it enacted, That the Mayor and Council
of Hagerstown may enter into contract or contracts with the
owners thereof for the purchase of said tract or tracts of land
mentioned in Section 1 of this Act, together with the improve-
ments thereon, and with the owners of the stream of water
known as "Marsh Run" and any of their rights therein and also
for any and all streams of water, water-ways, water-courses and
drains emptying into said Marsh Run including any and all
easements, rights, ways and privileges of all persons and cor-
porations claiming and owning any rights of any kind and
description whatsoever therein or in any wise appertaining
thereto, and if the Mayor and Council of Hagerstown can not
agree upon a reasonable price and terms of payment for said
purchase, as aforesaid described, then and in that event the