FRANCIS THOMAS, ESQUIRE, GOVERNOR.

1841.

to make repairs or do other necessary acts for the use and
benefit of the company; and such sums as may accrue to the
contingent fund, shall be vested in such stocks as the com-
pany may direct, and shall be held in the name of the pre-
sident and directors of the company, and may be sold by
them as necessity may require, by a resolution of the board,

Chap. 231.

under the signature and authority of the then president and
four of the six directors of the said company; and provided
further, that nothing herein contained shall be so construed
as in any manner to affect the prior right of the Chesapeake
and Ohio canal company to the waters of said Town creek.

Proviso.

Sec. 11. And be it enacted, That the said creek or na-
vigation as so improved, and works to be erected thereon in
virtue of this act, when completed, shall forever thereafter
be esteemed and taken to be navigable as a public highway,
free for the transportation of all goods, commodities and
produce whatever, on payment of the tolls to be imposed as
provided for by this act, and no other toll or tax whatever
for the use of the said company and the works thereon
erected, shall at any time thereafter be imposed but by the

Highway.

consent of the said State.
And whereas, it is necessary, for the making the said
lock and dam navigation, feeders and other works, that a
provision shall be made for condemning a quantity of land

Preamble

for the 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 lands through which the said improve-
ments may pass, or which may be occasioned by inundation
any lands through which the same may pass, for the pur-
chase or use and occupation thereof; and in case of disa-
greement, or in case the owner thereof shall be a feme
covert, under age, non compos mentis or out of the State
or county, on application to a justice of the peace of the
county in which such land shall lie, the said justice of the
peace shall issue his warrant, under his hand to the sheriff
of the county, to summon a jury of twelve inhabitants of
his county, not related to the parties, nor in any manner in-
terested, to meet on the lands to be valued, at a day to be
expressed in the warrant, not less than ten nor more than
twenty days thereafter, and the sheriff upon receiving the
said warrant, shall forthwith 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 damages the owner thereof shall sustain by the
said improvements, by or on account of said locks, dams,

President
may agree for
purchase or
use.