LAWS OF MARYLAND.

61

so as to be used and enjoyed for the purposes of navigation, to
keep the corresponding part of the river in a proper state for navi-
gation, and in good order as the same now is; and in the default
thereof, they shall be in all things responsible in the same manner
as the Potowmac company is now responsible: and in all rivulets,
streams, creeks and rivers required for the western section of the
said Chesapeake and Ohio canal, the same rights shall be and are
hereby vested in the Chesapeake and Ohio canal company by this
act, as the charter of the Potowmac company vested in the said
company in relation to the waters of the Potowmac, and the tribu-
tary streams thereof.

Dec. Ses. 1824

14. And be it enacted, That the said canal, and the works to be
erected thereon in virtue of this act, when completed, shall fore-
ver 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 pro-
vided by this act, and no other toll or tax whatever for the use of
the said canal and the works thereon erected, shall at any time
hereafter, be imposed but by consent of the said states, and of the
United States.

Public high-
ways.

15. And whereas, it is necessary for the making of the said ca-
nal, locks, dams, ponds, feeders and other works, that a provision
should be made for condemning a quantity of land for the purpose:
Be it enacted, that it shall and may be lawful for the said presi-
dent and directors or majority of them, to agree with the owners
of any land through which the said canal is intended to pass, for
the purchase or use and occupation thereof; and in case of disa-
greement, or in case the owner thereof shall be a feme covert, un-
der age, non-compos, or out of the state or county, on application
to a justice of the peace of the county in which such land shall be,
the said justice of the peace shall issue his warrant under his
hand, to the sheriff of the county, to summon a jury of eighteen
inhabitants of his county, not related to the parties, nor in any man-
ner interested, to meet on the land to be valued at a day to be ex-
pressed 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 ad-
minister 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 all damages the owner thereof

Condemation
of materials.

shall sustain by cutting the canal through such land, or the partial
or temporary appropriation, use or occupation of such land, accor-
ding to the best of his skill and judgment; and that in such valu-
ation he will not spare any person for favor or affection, nor any
person grieve for malice, hatred or ill will; and in every such valu-
ation and assessment of damages, the jury shall be, and they are
hereby instructed to consider in determining and fixing the amount
thereof, the actual benefit which will accrue to the owner from
conducting the said canal through, or erecting any of the said
works upon his land, and to regulate their verdict thereby, except
that no assessment shall require any such owner to pay or contribute
any thing to the said company where such benefit shall exceed, in
the estimate of the jury, the value and damages ascertained as

Land, &c.