1828

LAWS OF MARYLAND.

CHAP. 6.

Sec. 14. And be it enacted, That said president and di-
rectors shall have power and authority to make said canal in
such manner, and of such size and dimensions, and all the
works connected therewith, as they shall think proper; and
to levy and collect tolls upon the same, for teo use thereof,
to an amount in the aggregate per annum, clear of all ex-

penses, not exceeding twelve per cent, upon snid capital.
Sec. 15. And be it enacted, That in case said president
and directors should disagree with the owners of land, wa-
ters, or other rights necessary to be used in making said ca-
nal, and the tow-paths, locks, dams, ponds, feeders, aque-
ducts, and other works connected therewith, for the pur-
chase, use or occupation of the same; or in case the owner
thereof shall be a feme covert, under age, non compos, or
out of the county, it shall be lawful for said president and
directors io apply fo a justice of the peace for Frederick
county, who thereupon shall issue his warrant to the sheriff
tants of said county, not related to any of the parties, nor
in any manner interested, to meet and value the land, water,
or other right expressed in the warrant, at a time within ten
days thereafter, which time shall also be mentioned in the
said warrant; and the said sheriff, upon receiving said war-
administer an oath, or affirmation, to each juryman, that he
will faithfully, justly and impartially, value the property and
rights in question, and all damages the owner thereof shall
sessment of damages the jury shall be, and they are hereby
instructed to consider in determining and fixing the amount
thereof, the actual benefit which shall accrue to the owner
from the construction of said canal, or any of the works
thereof, and to regulate their verdict thereby, except that
the said owner shall not be required to pay for such benefit,
in case it shall be estimated to exceed the value of damages;
and the inquisition thereupon taken shall be signed by the
the sheriff to the clerk of said county; and unless good cause
be shewn against said inquisition, it shall be affirmed by the
court of said county, and recorded; and whenever in the
construction of said canal, or any of the works thereof, it
any other material to be found on any of the lands adjacent
or near thereto, and the said president and directors cannot
procure the same for the works aforesaid by private contract,
of the proprietor or owner, or in case the owner should be

Proviso

county, the same proceeding in all respects shall be had as
in the cases before mentioned; Provided, That in every
case in which said property sought to be condemned shall