1328

LAWS OF MARYLAND.

CHAP. 108.

compensation as may be assessed in the mode pointed out
by the legislature: And whereas it is deemed expedient to
give proper encouragement to undertakings of the nature
contemplated by the petition; therefore,

May cut a canal or

head race

Sec. 1. Be it enacted by the General Assembly of Ma-
ryland, That it shall and may be lawful for the said Samuel
K. Turner, his heirs or assigns, to cut a canal, or head-race,
and to erect said dams, as may be necessary for the object
contemplated in the foregoing preamble, through and on
any of the lands therein mentioned, or referred to, provided
thaMhc said canal, or head-race, shall not exceed thirty-three
feet, width; and that the said dams shall not be raised any
higher than necessary to increase the water, more than two
feet above the ordinary current of the said streams; and to
use and enjoy the said canal, or head-race, and the said dams,
for the purposes aforesaid.

To keep in repair

said canal

Sec. 2. And be it enacted, That it shall be the duty of
the said Samuel R. Turner, his heirs and assigns, at his or
their own proper cost, at all times hereafter to keep in good
order and repair, the said canal or head-race, and the said
dams, whenever and as often as the same shall need to be
repaired; and for such purpose he or they, as the case may
be, shall have free ingress and egress through the lands afore-
said, with the necessary labourers and implements.

Fee simple vested

in him

Sec. 3. And be it enacted, That first upon the payment
of, or the securing to be paid, the several sums hereinafter
provided to be paid, and then upon the culling, erecling,
and completion of the said canal or head-race, and the said
dams, by the said Samuel R, Turner, his heirs or assigns.
an absolute estate in fee simple in the said canal, or head-
race, and the land covered by the waters thereof, and the
said clams, with the necessary privileges, shall be vested ib
the said Samuel R. Turner, his heirs and assigns, forever.

Proprietors may

erect fences, &c

Sec. 4. And be it enacted, That it shall and may be law-
ful for the said proprietors, or any of them, or any of their
heirs or assigns, through whose land or lands the said canal
or head-race may be cut, or the said dams be created, to erect
such fence or fences across the same, as may be necessary
to secure the several fields belonging to their farms respec-
tively, so that the said fence or fences shall not obstruct the
free passage of the said waters down the canal or head-race
as aforesaid.

Rights and pri-
vileges to be esti-

mated &c

Sec. 5. And be it enacted, That the orphans court of
Kent county shall, upon the application of the said Samuel
R. Turner, his heirs or assigns, appoint three persons of

said orphans court shall have full power to fill any vacancies
that may occur among the said commissioners, who shall
view the land, and estimate the sum or sums proper to be
paid to the said proprietors or minors, as aforesaid, for the