86

SAMUEL STEVENS, Jr. ESQUIRE, GOVERNOR.

Dec. Ses. 1823

dividends;—Provided, that no transfer whatsoever shall be made ex-
cept for one or more whole share or shares, and not for part of such
share or shares; and that no share or shares shall at any time be sold,
conveyed or held in trust for the use and benefit, or in the name of
another •whereby the said president and directors, or stockholders of
the said company, or any of them shall or may be challenged or made
to answer concerning any such trust; but that every person appear-
ing as aforesaid to be a stockholder, shall as to others of the said
company be to every intent taken absolutely as such; but as between
any trustee, and the person for whose benefit any trust shall be crea-
ted, the common remedy may be pursued.

Increase of
capital.

18. And be it enacted, That if the said capital and the other aids
already granted by this act, shall prove insufficient, it shall and may
be lawful tor the said company from time to time, to increase the said
capital by the addition of so many whole shares as shall be judged
necessary by the said stockholders or a majority of them present at
any general meeting of the said company, and the said President and
Directors or a majority of them, are hereby empowered and requir-
ed, after giving at least two months previous notice thereof in at
least four of the newspapers of Maryland,. Pennsylvania, Virginia
and the District of Columbia, to open books in the before mentioned
states and district for receiving and entering such additional sub-
scriptions in which the stockholders of the said company, for the
time being shall and are hereby declared to have the preference of all
others for the first thirty days after the said books shall be opened as
aforesaid, of taking and subscribing for so many whole shares as any
of them shall choose, and the said President and Directors are here-
by required to observe in all other respects the same rules therein as
are by this act prescribed, for receiving and adjusting the first sub-
scriptions, in like manner to return under the hands of any three or
more of them, an exact list of such additional subscriptions with the
sums subscribed, to the public authorities as aforesaid to be by them
preserved as aforesaid; and all stockholders of such additional shares
shall and are hereby declared to be from thence forward incorporated
into the said company.

Hindrance
avoided.

19. And be it enacted, That whenever it shall become necessary to
subject the lands of any individual to the purposes provided for in
this act, and their consent cannot be obtained, it shall and may be
lawful for the company to enter upon such lands, and proceed to
the execution of such works as may be requisite, and that the pen-
dency of any proceedings in any suit in the nature of a writ of ad
quod damnum or any other proceedings, shall not hinder or delay
the progress of the work, and it shall be the duty of every court to
give precedence to controversy which may arise between the com-
pany created by this act, and the proprietors of land sought to be
condemned for public uses and to determine them in preference to all
other causes.

Eastern and
western sec-
tions.

20. And be it enacted, That the said canal, be and the same is here-
by divided into two sections to be denominated first and second or
eastern and Western respectively; that the first or eastern section
shall begin in the District of Columbia on tide water and terminate
at or near the bank of Savage River or creek which empties into the
north branch of the Potomac at the base of the Allegany Mountain;
that the second or western section shall commence at the said termi-
nation and extend along the valley of Savage River or Creek so far