114

SAMUEL STEVENS, Jr. ESQUIRE, GOVERNOR.

Dec. Ses. 1823

Mayor and
corporation
authorised to
make canal.

Sec. 1. Be it enacted by the General Assembly of Maryland, That
the Mayor and City Council of Baltimore, shall be, and they are
hereby invested with full power and authority to make, excavate and
construct a Canal from the Basin of the city of Baltimore, along the
nearest, most practicable and best route, to the most suitable point on
or near the margin of the River Susquehanna, above or in the vicinity
of Havre-de-Grace, and thence by the most convenient and best route
along and near the margin of the River Susquehanna, unto the line
between this state and the state of Pennsylvania; and the land over
which the said Canal shall pass, together with so much on each side
thereof as may be designated on the plat of the same, and which may
be necessary for the free and convenient uses thereof, shall become
the right, and be vested in the city of Baltimore in fee simple, and full
power and authority is hereby granted to the said corporation, to
make and erect aqueducts over any of the public rivers, bays or creeks,
which may intersect the route of the proposed Canal between the city
of Baltimore and Havre-de-Grace, of such materials and in such man-
ner as may be deemed best; and also to make a communication be-
tween the said Canal by locks or otherwise into the river Susquehanna
at or near Havre-de-Grace, and the said Canal shall be designated
and known by the name of the Baltimore Canal.

Commission-
ers, property
vested, &c.

3. And be it enacted, That the first and second Branches of the
City Council of the city of Baltimore, shall so soon as convenient af-
ter the passage and adoption of this act, in the manner herein after
prescribed, meet together, and by an open vote appoint not less than
three nor more than five persons as Commissioners of the Baltimore
Canal, and the votes of each member of the City Council, together
with the names of the persons voted for, shall be recorded in the Jour-
nals of each Branch, to the end that they may be readily seen and re-
ferred to by their constituents, and a majority of the City Council
shall be necessary to constitute a choice; and the said commissioners
shall have power and authority to employ such engineers, superinten-
dants, agents and labourers, as they may think proper for laying out,
making, excavating and constructing the said Canal, or any part there-
of, and the said corporation may from time to time fix the salary or
compensation to be allowed to each of the said commissioners, and
assign to them such powers, authorities, duties and trusts in relation to
the Baltimore Canal, as they may deem needful and proper; and after
the said Canal shall have been finally completed the offices of the said
commissioners may be discontinued, and the powers and duties ves-
ted in or required of them, may, if necessary, be transferred by the
said corporation to any other officer, or required to be performed, in

Proviso's.

any other manner: Provided, that in the case of death, resignation or
this qualification of any of the said commissioners, the first and second
Branch of the said City Council shall fill up such vacancy in the man-
ner herein before prescribed for appointing said commissioners: And
provided also, that the said commissioners, or any of them, may at
any time be removed from office by the open vote of the said first and
second Branches of the City Council, provided that two-thirds of the
whole number of the members thereof concur therein.

Authority &
proceedings
directed.

4. And be it enacted, That it shall and may be lawful for the said
commissioners, and each of them by themselves and by any and eve-
ry superintendent, agent and engineer employed by them, to enter up-
on and take possession of, and use all and singular any lands, waters
and streams, necessary for the prosecution of the improvements in-