ROBERT BOWIE, ESQUIRE, GOVERNOR. NOVEMBER.

1804.

VIIL AND BE IT ENACTED, That the said corporation may purchase and hold, in fee-simple or
otherwise, all such lands and real estates suitable for the erection of the necessary works, and that
may be necessary in whole or in part for the proper accomplishment of their undertaking, as they
shall judge proper, and may divert from the usual bed and course, for the purpose aforesaid, at such
place or places as they shall think fit, the stream of Jones's Falls, or any other stream or streams
which they may think suitable for the purpose, or any part or parts thereof, they obtaining the con-
sent of all persons having any right, interest or property, in the stream or streams respectively so
to be diverted in whole or in part, or in the lands through which such stream or streams may be in-
tended to pass, after being so diverted; and the said corporation shall have full power and authority
to make a canal and tunnel, or either of them, for the conveyance of the said water under and along
any public highway, or any street or streets, lane or lanes, alley or alleys, of the county or city of
Baltimore, and to lay a pipe or pipes in such highway, or in any of the said streets, lanes or alleys,
for the purpose of conveying and distributing the said water, and the said pipes from time to time
to renew and repair, and for those purposes to dig, break up and open, at their own expence, all or
any part of such highway, or of such streets, lanes and alleys, and of the pavements and footways
thereof, leaving at all times a sufficient passage way for carriages, horses and foot passengers, and
restoring forthwith to their former condition all such highways, or all such of the said streets, lanes
and alleys, pavements and footways, as shall from time to time, and at any time, be so dug, opened
or taken up.

CHAP

LXXXVI

Corporation
may purchases
land, &c.

IX. AND BE IT ENACTED, That the said corporation shall have full power and authority to esta-
blish reservoirs and public fountains in such parts of the streets and squares of the said city as they
may think proper, and to grant to all persons whomsoever, and to all bodies politic and corporate,
the privilege of using the said water, so to be introduced, in such manner and on such terms and
conditions, and in such quantities respectively, as they shall think fit; and the said water so to be
introduced, together with all the reservoirs, pipes, canals and tunnels, engines, buildings and ma-
chines whatsoever, to be by them made and used for the purpose of introducing, raising and distri-
buting, the said water, to hold to them, their successors and grantees forever, as their sole and
exclusive property.

And establish
reservoirs, &c

X. AND BE IT ENACTED, That it shall and may be lawful for the said president and directors to
call and demand from the said subscribers respectively, all such sums of money by them subscribed,
in instalments not exceeding ten dollars each, under pain of forfeiture of their shares, and of: all
previous payments thereon, to the said president, directors and company, provided that no such de-
mand shall be made without two months previous notice being given in the different news-papers of
the city of Baltimore; and provided also, that not more than one such payment shall be called for
or required in any term of four months

President, s&c.
may call for
money sub-
scribed, &c

XL AND BE IT ENACTED, That if any person or persons: shall wilfully do, or cause to be done,
any act whatsoever whereby the said works, or any pipe, conduit, canal, water course, mound, plug,
cock, reservoir, dyke, or any engine, machine or structure, or any matter or thing appertaining to
the same, shall be stopped, obstructed, impaired, weakened or injured, or wilfully pollute the said
water, by the throwing any dead animals, or other impure substance, into the same, or by swim-
ming, bathing or washing therein, the person or persons so offending shall forfeit and pay to the said
company treble the amount of the damages sustained by means of such offence or injury, to be re-
covered by such company with costs of suit, by action of debt, or action on the case, in any court
of judicature of this state, or by warrant before any magistrate thereof, which action shall in every
instance be considered as transitory in its nature, and shall and may be triable in any county in this
state.

Penalty for injuring the
works, &c.

XII. AND BE IT ENACTED, That it shall not be lawful for the said corporation to enter into any
negotiations on bills or notes, nor to deal in exchange, discount, or other commercial or banking
operation, other than to vest their capital in stocks of chartered companies, or in public securities, or
to borrow money, as may be found necessary for the carrying on the works proposed; and dividends
of the profits- of the stock shall be annually made, reserving only, at the discretion of the directors,
suich ppoportion as they, or a majority of stockholders, shall deem sufficient for maintaining and sup-
porting the works necessary to promote or attain the objects of this incorporation; and if the said
n potation shall not carry into effect the intentions of this a

Corporation
Not to enter in-
to negotiation
&c.

XIII. AND BE IT ENACTED, That this act shall continue and be in force during the full term of
twenty years, and to the end of the next session of the general, assembly which shall be thereafter.

Duration