1847.

LAWS OF MARYLAND.

CHAP. 116.

firmed by the court and entered on record, but if the said
inquest should be disaffirmed, or it from any cause the
freeholders should fail to make one within reasonable
time, the court may, at its discretion, as often as may be
necessary, supersede them or direct another view and
inquest to be made by other freeholders in manner afore-
said, on payment of the damages awarded, the ground
viewed and assessed as aforesaid shall be vested in said
company for the purposes contemplated by this act.

Damages—
how ascertain-
ed.

SEC. 9. And be it enacted, That if any persons, own-
ers, occupiers or proprietors of lands, shall sustain any
damages from injury to lands, or loss of health by reason
of the construction of any dam or canal by said company,
which had not been foreseen, estimated and satisfied,
such person or persons may make application to the
court of the county wherein the lands lie, for a writ of
ad quod damnum, giving ten days previous notice to the
president, or one of the directors of said company, upon
which writ the like proceedings shall be had as are
hereinbefore provided, and the court shall render judg-
ment against the company for the damages assessed in
such inquest when confirmed by the court.

To construct,
build, &c.

SEC. 10. And be it enacted. That the said corpora-
tion is hereby authorised to construct, erect, build, make
and use a canal, locks, dams, slackwater navigation, tow-
ing paths of suitable width and dimensions, to be determin-
ed by said corporation on the line, course and way select-
ed or designated by them in manner aforesaid, and shall
have power to regulate the time and manner in which the
goods and passengers shall be transported, taken and car-
ried on the same, and shall have power to erect and main-
tain toll-houses, and such other buildings for the accom-
modation of their concerns, as they may deem suitable
to the interest of the corporation.

To charge toll.

SEC. 11. And be it enacted, That it shall be lawful
for the company hereby incorporated, from time to time,
to fix, regulate and receive the lolls and charges by them
to be received for the transportation of property and
passengers on their canal, locks, dams, slackwater na-
vigation or ways aforesaid, hereby authorised to be con-

Proviso.

structed, erected, built, made and used; provided, the
said tolls and charges shall not exceed twenty per centum
more than those fixed and collected on the Chesapeake
and Ohio canal.

Fine for ob-
structing.

SEC. 12. And be it enacted, That if any person or per-
sons shall wilfully do, or cause to be done any act or
acts whatever, whereby any buildings, construction or
work of said corporation, or any matter or thing ap-