1828

LAWS OF MARYLAND.

CHAP.180

Chesapeake and Delaware Canal Company, to make such
alterations and improvements in the bed, courses and chan-
nel, of the said creeks, as they shall judge necessary, for
the more convenient approach to the said canal, and that any
and every encroachment upon thesaid water courses of the
said creeks, or either of them, shall be, and the same is
hereby declared to be, a public and common nuisance against
the people of this state, and may lawfully be abated as such:

Proviso

Provided, that it shall still be lawful for the said canal com-
pany to erect and construct along thesaid creeks, such tow-
paths, bridges or other improvements, so as not to obstruct
the approach and departure of vessels to and from the mouth
of the canal.

May agree with
owners of land for
the same

Sec. 5. And whereas, it may be necessary for the effec-
tuation of the objects contemplated by this law, that provi-
sion should be made for the condemnation of a quantity of
land for that purpose, Be it enacted, That it shall and may
be lawful for the said president and directors, or a majority
of them, to agree with the owners of any land within this
state, which may be necessary for their purpose, for the
purchase or use and occupation thereof, and in case of dis-
agreement, or in case the owner thereof shall be a feme
covert, under age, non compos, or out of the state or coun-
try, on application to a justice of the county in which such
land shall be, the said justice of the peace shall issue his
warrant, under his hand, to the sheriff of the county, to
summon a jury of eighteen inhabitants of his county, not
related to the parties, nor in any manner interested, to meet
on the land to be valued, at a day to be expressed in the war-
rant, not less than ten nor more than twenty days thereafter;
and the sheriff, upon receiving the said warrant, shall forth-
with summon the said jury, and when met, shall administer
an oath, or affirmation, to every juryman who shall appear,
being not less than twelve in number, that he will faithfully,
justly and impartially, value the land and all damages the
owner thereof shall sustain, by cutting the canal through
such land, on the partial or temporary appropriation, use
or occupation, of such land, according to the best of his skill
and judgment, and that in such valuation he will not spare
any person for favour or affection, nor any person grieve for
malice, hatred or ill-will, and the inquisition thereupon tak-
en shall be signed by the sheriff, and some twelve or more
of the jury, and returned by the sheriff to the clerk of his
county court; and unless good cause be shewn against the
said inquisition it shall be affirmed by the court, and record-
ed; but if thesaid inquisition should beset aside, or if from
any cause no inquisition shall be returned to such court with-
in a reasonable time, the said court may, at its discretion,
as often as maybe necessary, direct another inquisition to
be taken in the manner above presbribed; and upon every