LAWS OF MARYLAND.

115

tended by this act; and to make all such canals, feeders, dykes, locks,
dams and other works and devices, as they may think proper for mak-
ing said improvements, doing nevertheless no unnecessary damage;
and that in case any lands, waters or streams taken and appropriated
for any of the purposes aforesaid, shall not be given or granted to the
city of Baltimore, it shall be the duty of the canal commissioners, from
time to time, and as often as they may think reasonable and proper,
to cause applications to be made to the judges of the sixth judicial dis-
trict, or any two of them, for the appointment of appraisers, and the
said judges shall thereupon, by writing, appoint not less than three
nor more than five discreet, disinterested persons, as appraisers, who
shall, before they enter upon the duties of their appointment severally
take and subscribe an oath or affirmation, before some person autho-
rised to administer oaths, faithfully and impartially to perform the
trust and duties required of them by this act, which oath or affirma-
tion, shall be filed with the other proceedings of the canal commission-
ers; and it shall be the duty of the said appraisers, or a majority of
them, to make a just and equitable estimate and appraisal of the loss
and damage, if any, over and above the benefit and advantage to the
respective owners and proprietors, or parties interested in the premi-
ses, so required for the purposes aforesaid, by and in consequence of
making and constructing any of the works aforesaid; and the said ap-
praisers, or a majority of them, shall make regular entries of their
determination and appraisal, with an apt and sufficient description of
the several premises appropriated for the purposes aforesaid, in a book
or books to be provided and kept by the said commissioners for that
purpose, and certify and sign their names to such entries and apprai-
sal, and in like manner certify their determination as to those several
premises which will suffer no damages, or will bo benefitted more
than injured by or in consequence of the works aforesaid, and upon
the payment of the damages so assessed and appraised, to the party
to whom the same has been awarded, the fee simple of the premises,
so appropriated, shall be vested in the city of Baltimore.

Dec. Ses. 1823

5. And whereas, it may happen, that the said canal or the works
connected therewith may be injured by unforeseen accidents, where-
by the navigation may be interrupted and the lands adjacent thereto
exposed to damage; therefore, be it enacted, for the speedy reparation
of such injury, that whenever and as often as such case shall happen
it shall and may be lawful for the said commissioners and corpora-
tion, or either of them, or of their or either of their agents, or any
other person employed by either of them, with carts, waggons, or
other carriages, with their beasts of burthen or draft, and all ne-
cessary tolls and implements, to enter upon any lands contiguous to
said canal, or the works connected therewith, and to dig for, work,
to get and carry away and use, all such stone, gravel, clay, timber
and other materials, as may be necessary or proper, in their opinion,
for such reparation, doing as little damage thereby as the nature of

Authority to
take materi-
als, &c.

the case will permit, and in case damages shall be claimed by the owner
or owners of any land, entered upon for the purpose of obtaining ma-
terials as aforesaid, and the said commissioners and corporation, or
either of them, or the agent of that part of the canal, where such in-
jury shall occur, cannot agree with such owner or owners as to the
amount of said damages, then for the ascertaining of that amount,
it shall be lawful for said commissioners, corporation, or such agent,
to select one discreet freeholder of the county where such damages

Damages..