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Cosden, the heirs of John George, the heirs of Nathan Peacock,
the heirs of John Rochester, and the heirs of Benjamin Roberts:
And whereas the said petitioner hath agreed to make such liberal
compensation for said privilege as meets the approbation of the
guardians and nearest relatives of the said minors: And where-
as it is highly expedient for the legislature to give proper en-
couragement to undertakings of that nature, Therefore,
Sec. 1. Be it enacted by the General Assembly of Maryland, That
it shall and may be lawful for the said Winbert Tschudy, his
heirs or assigns, to raise a dam on the lands he the said Win-
bert Tschudy purchased of James Conden's heirs, or on any
other part of the said branch that, may meet the approbation of
the guardians or representatives of the minors, together
with the consent of all persons who may be injured by rea-
son of erecting said mill-dam, provided said mill-dam shall not
be raised any higher than necessary to increase the water of said
branch three feet above the level of the ordinary current of the
same.
2. And be it enacted, That it. shall and may be lawful for the
said Winbert Tschudy, his heirs or assigns, to open and make
a mill-race through the lands of James Cosden's heirs, John
George's heirs, Nathan Peacock's heirs, John Rochester's heirs,
and Benjamin Roberts's heirs, so as to draw the water of the
said Red Lyon Branch through said race for the purpose of a
milling establishment, provided the same, shall not exceed thirty-
three feet in width, and at all times to repair the same, when
repairs shall be necessary, and for such purpose shall have free
ingress and egress with the necessary people and implements.
3. And be it enacted, That first, upon the payment, or securing
to be paid, the several sums herein after provided to be paid,
and then upon the erecting of said mill-dam, and upon the cut-
ting of the said mill-race aforesaid, by the said Winbert Tschu-
dy, his heirs or assigns, an absolute estate in fee-simple in
the said race, and the land covered by water, by reason of
said dam, with the necessary privileges, shall be vested in the
said Winbert Tschudy, his heirs and assigns, for ever.
4. Provided always, and be it enacted, That it shall and may
be lawful for the said proprietors through whose land the said
race may be cut, their heirs or assigns, to erect such fence or
fences across said race, as may be necessary to secure the seve-
ral fields belonging to their farms, not obstructing the free pas-
sage of said water down the race.
5. And be it enacted, That it shall and may be lawful for the
proprietor or proprietors of the land adjoining said mill-pond,
to extend their fence or fences in said pond, as far as it may be
necessary for the security of their fields.
6. And be it enacted, That the orphans court, of Queen-Anne's
county shall, upon the application of the said Winbert Tschudy,
his heirs or assigns, appoint three persons of sound judgment
and discretion, as commissioners, and the said orphans court shall
have full power to fill any vacancies that may occur among said
commissioners, who shall view the lands, and estimate the sum or
sums proper to be paid to the said minors for the rights and pri-
vileges aforesaid, and make a return of said estimate to the said
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Dec. Ses. 1816
A dam to be
raised, &c.
A mill race to
be made.
Fee-simp1e
vested in W.
Tschudy con-
ditionally.
Proviso.
Fences may be
extended.
Damages to be
estimated.
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