1828

LAWS OF MARYLAND.

CHAP. 189

empowered and required, after giving at least two months
previous notice thereof, in at least four of the newspapers
of the city of Annapolis, Washington and Baltimore, to
open books in the be forementioned cities for receiving and
entering additional subscriptions, in which the stockholders
of the said company, for the time being, shall, and are
hereby declared to have the preference, of all others, for
the first thirty days after the said books shall be opened, as
aforesaid, of taking and subscribing for so many whole
shares as any of them shall choose, and the said president
and directors are hereby required to observe, in all other
respects, the same rules therein, as are by this act pre-
scribed, for receiving and adjusting the first subscriptions,
in like manner to return under the hands of any three or
more of them, an exact list of all such additional subscripti-
ons, with the sums subscribed, to the public authorities as
aforesaid, to be bv them preserved as aforesaid; and all such
stockholders of such additional shares shall and are hereby
declared to be from thenceforward incorporated into the

Proceeding in

case consent of

owners of land

cannot be obtain-

ed

Sec. 17. And be it enacted, That whenever it shall be-
come necessary to subject the lands of any individuals to
the purposes provided for in this act, and their consent can-
not be obtained, it shall and may be lawful for the company
to enter upon such lands, and proceed to the execution of
such works as may be requisite, and that the pendency of
any proceedings in any suit in the nature of a writ of ad
quod damnum, or any other proceedings, shall not hin-
der or delay the progress of the work, and it shall be the
duty of every court to give precedence to controversies
which may arise between the company created by this act
and the proprietors of land sought to be condemned for

other causes.

Survey of country

Sec. 18. And be it enacted, That the governor of this
state, immediately after the passage of this act. shall make
application to the president of the United States, to cause
an examination to be made by engineers to be appointed by
him in pursuance of the provisions of the twenty-first sec-
tion of the act incorporating the Chesapeake and Ohio
Canal Company, to ascertain whether the junction of the
canal proposed by this act to be joined to the Chesapeake
and Ohio Canal, will injure or impede the navigation there-
of, and request his early decision thereon, and also that he
request the president to have the country between the city
of Annapolis and the Chesapeake and Ohio Canal, examined
and surveyed by the corps of engineers of the United States,
with a view to ascertain the best route for said Annapolis
and Potomac Canal.