HARRY W. NICE, GOVERNOR. 775

Board of Public Works of the State of Maryland, and the
War Department of the United States Government, or their
duly authorized agents, as soon as the necessary appropria-
tion is passed by the United States Government for the pur-
pose of construction an inlet; and to execute, acknowledge
and deliver such deeds or other paper writings as may be
necessary under the laws of the State of Maryland to con-
vey a good merchantable fee simple title in and to the prop-
erty herein described and hereby conveyed unto the party
or parties designated to acquire or receive title thereto as
aforesaid; and

WHEREAS, Delaware Mortgage Investment Company, a
Delaware Corporation, by deed dated May 24, 1933, and
recorded among the Land Records of Worcester County, in
Liber B. B. N. 17, Folio 509, conveyed unto Lewis C. Merry-
man and John S. Whaley a perpetual, free and unobstructed
right of way at all times over, along and across a tract of
land on the Beach south of Ocean City, in Worcester
County, and a second right of way for the use of a railroad,
more particularly described in said deed, in trust as here-
inbefore set forth; and

WHEREAS, Ethan A. Carey and Addie B. Carey, his wife,
Savannah Carey, widow, Edward Lee Carey, unmarried,
Elizabeth Carey Shockley, and C. Norwood Shockley, her
husband, and John Carey, widower, by deed dated March
30, 1933, and recorded among the Land Records of Wor-
cester County, in Liber B. B. No. 17, Folio 521, conveyed
to Lewis C. Merryman and John S. Whaley a perpetual,
free and unobstructed right of way at all times, over, along
and across a tract of land on the Beach south of Ocean City
in Worcester County and also a second right of way for
the use of a railroad, more particularly described in said
deed, in trust as hereinbefore set forth; and

WHEREAS, the War Department of the United States has
selected a new site for, and begun construction, of an inlet
on the Beach south of Ocean City in Worcester County,
about 4 miles North of the proposed inlet in the deed from
William B. S. Powell and wife to Lewis C. Merryman and
John S. Whaley and the Government of the United States
and the State of Maryland have no further use or need for
the lands and rights of way granted by the said several
deeds and have abandoned the same; therefore,

SECTION 1. Be it enacted by the General Assembly of
Maryland, That Lewis C. Merryman and John S. Whaley,
Trustees, the survivor and his successors in trust and their
or his assigns in trust be and they are hereby permitted