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act of the Potowmac Company, as required by the first section of the act of the General Assembly of Virginia, entitled “ An act incorporating the Chesapeake and Ohio Canal Company."
That the president and directors of the Potowmac Company be, and they are hereby, authorised and required, in the name and behalf of this company, whenever, agreeably to the terms and provisions of the aforesaid act of Virginia, entitled “ An act incorporating the Chesapeake and Ohio Canal Company,” the subscribers therein mentioned and referred to shall have become incorporated, to make a surrender of the charter of the Potowmac Company, to the said Chesapeake and Ohio Canal Company, and to convey in due form of law to the said Chesapeake and Ohio Canal Company, all the property, rights, and privileges, owned, possessed, and enjoyed, by the said Potowmac Company, under the said charter, to be held, used, and occupied, by the said Chesapeake and Ohio Canal Company, in the same manner and to the same effect, as the said Potowmac Company now hold, possess, and occupy the same by law. And it is hereby resolved and declared, that, upon the completion of the said surrender and conveyance by the said president and directors, to be evidenced by deed or deeds, in the name of this company, under the hands of the said president and directors, or a majority of them, and the corporate seal of this company, the said charter shall be, and hereby is, effectually surrendered, and all the said property, rights, and privileges, shall be, and hereby are, effectually conveyed to the said Chesapeake and Ohio Canal Company, according to the tenor and effect, true intent and meaning, of the said act and acts so incorporating the Chesapeake and Ohio Canal Company, as aforesaid.
In testimony whereof, as the corporate act of the Patowmac Company, &c.
OFFICE OF THE PATOWMAC COMPANY,
Georgetown, 16th May, 1825. I hereby certify the foregoing to be a true and faithful extract from the records of the proceedings of the Patowmac Company.
ROBERT BARNARD, Treasurer and clerk Patowmac Company.
EXTRACTS FROM THE CHARTER OF THE PATOWMAC COM.
PANY, GRANTED NOVEMBER, 1784.
SEC. 4. And be it enacted, That the said president and directors, so elected, and their successors, or a majority of them assembled, shall have full power and authority to agree with any person or persons, on behalf of the said company, to cut such canals, and erect such locks, and perform such other works as they may judge necessary, for opening, improving, and extending the navigation of the said river, above tide water, to the highest part of the North Branch, to which navigation can be extended, and carrying on the same from place to place, and from time to time, and upon such terms, and in such manner, as they shall think fit; and out of the money arising from the subscriptions and the tolls, and other aids hereinafter
given, to pay for the same; and to repair and keep in order the said canals, locks, and other works, necessary thereto.
Sec. 11. And, whereas, it is necessary for the making of the said canal locks 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 president and directors, or a majority of them, to agree with the owners of any land through which the said canal is intended to pass, for the purchase thereof; and in case of disagreement, or in case the owner thereof shall be a feme covert, under age, non compos, or out of the state, on application to any two justices of the county in which such land shall lie, the said justices shall issue their warrant, under their hands, to the sheriff of their county, to summon a jury of twenty-four inhabitants of their county, of property and reputation, not related to the parties, nor in any manner interested, to meet on the land to be valued, at a day to be expressed 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 administer an oath, or affirmation, to every juryman that shall appear, that he will faithfully, justly, and impartially, value the land, (not exceeding in any case the width of two hundred feet, and all damages the owner thereof shall sustain, by the cutting the canal through such land, according to the best of his skill and judgment ; and that in such valuation he will not spare any person for favour or affection, nor any person grieve for hatred, malice, or ill will; and the inquisition thereupon taken shall be signed by the sheriff, and some twelve or more of the jury, and returned by the sheriff to the clerk of his county, to be by him recorded : And upon every such valuation, the jury is hereby directed to describe and ascertain the bounds of the land by them valued, and their valuation shall be conclusive on all persons, and shall be paid by the said president and directors to the owner of the land, or his legal representatives; and on payment thereof, the said company shall be seised in fee of such land, as if conveyed by the owner to them and their successors by legal conveyance.
Sec. 12. And be it enacted, That the said president and directors, or a majority of them, are hereby authorised to agree with the proprietor, for the purchase of a quantity of land, at or near such of the place of receipt of tolls aforesaid, for the purpose of erecting necessary buildings; and in case of disagreement, or any of the disabilities aforesaid, or the proprietor being out of the state, then such land may be valued, condemned, and paid for as aforesaid, for the purpose aforesaid; and the said campany shall
, upon the payment of the valuation of the said land, be seised thereof in fee simple, as aforesaid.
SEC. 13. And, whereas, some of the places through which it may be necessary to conduct the said canals may be convenient for erecting mills, forges, or other water-works, and the persons possessors of such situation may design to improve the same; and it is the intention of this act not to interfere with private property, but for the purpose of improving and perfecting the said navigation-Be it enacted, That the water, or any part thereof, conveyed through any canal or cut made by the said company, shall not be used for any purpose but navigation, unless the consent of the proprietors of the land, through which the same shall be led, be first had.
EXTRACT FROM THE ACT OF THE STATE OF MARYLAND,
for the promotion of Internal Improvement, passed March 8, 1826. “ Sect. 19. And be it enacted, That the treasurer of the Western Shore be, and he is hereby, authorised and required, for and on behalf of the state, to subscribe to the Chesapeake and Ohio Canal Company for stock to the whole amount of the stock of the Potomac Company owned by the state and of the debt due to the state by the said Potomac Company, and to pay for the same in the certificates of the stock of the Potomac Company, and in the evidences of the debt due to the state, certified in the manner specified in the charter of the said Chesapeake and Ohio Canal Company; and also to subscribe for five thousand shares of the stock of the said company, payable, agreeably to the terms of the charter, in the legal currency of the United States.
“ Sect. 20. And be it enacted, That the treasurer of the Western Shore be, and he is hereby, instructed and required, in like manner, to subscribe for five thousand shares in the Maryland Canal Company hereby incorporated.
“ Sect. 21. And be it enacted, That the sum of two hundred thousand dollars shall be, and the same is hereby, appropriated, or such part thereof as may be necessary, to drain, embank, and render dry and arable, the low lands on the margins of such rivers and creeks of the Eastern Shore of this state asthe board of public works may think proper and recommend, and to complete and carry into effect such plans for opening and improving the navigation of the Pokomoke, Manokin, Wicomico, Great Choptank, Chester, Elk, and North East rivers, as the board of public works may devise, recommend, and contract for, on behalf of the state of Maryland : Provided, That, before any part of the aforesaid subscriptions, except so much as is payable in the stock and debt of the Potomac Company, shall be made, or any part of the sum herein appropriated to execute the improvements contemplated by this act to be made on the low lands situated on the margins of the aforesaid rivers and creeks, or to execute the improvements of the Pokomoke, Manokin, Wicomico, Great Choptank, Chester, Elk, and North East rivers, be expended, the Congress of the United States shall, by law, authorise a subscription for not less than ten thousand shares of the capital stock of the eastern section of the Chesapeake and Ohio Canal, and shall enact a law expressly securing to the state of Maryland, and to any company incorporated, or hereafter to be incorporated by the said state, the right to take and continue a canal from any point of the Chesapeake and Ohio Canal through the territory of Columbia, or any part thereof, to the said state, in any direction it may deem proper, upon the same terms and conditions, and with all the rights, privileges, and powers, of every kind whatsoever, granted to the Chesapeake and Ohio Canal Company by the act of incorporation, and deciding, agreeably to the act of Congress passed at December session, eighteen hundred and twenty-four, that the canal, as located by the board of public works under the authority of this act, may be cut without impeding or injuring the navigation of the Chesapeake and Ohio Canal. And, provided, also, That the board of public works shall previously ascertain and certify to the executive the practicability of connecting, by the canal described in this act, the Chesapeake and Ohio Canal with the Patapsco river at the city of Baltimore; and if the said board of public works shall adopt for the said canal a line wholly within the state of Maryland, then the act of Congress last mentioned in the foregoing pro
viso, shall not be necessary to authorise the subscriptions and expenditures aforesaid: And, provided, also, That the executive shall previously be satisfied that the residue of the sum of money estimated by the United States' board of engineers to be adequate to the completion of the eastern section of the Chesapeake and Ohio Canal, after deducting the amount of the subscriptions of the state of Maryland and of the United States, herein provided to be made, hath been actually subscribed by bona fide and competent subscribers."
An act to amend the “ Act incorporating the Chesapeake and Ohio Canal Com
Sect. 1. Be it enacted by the General Assembly of Maryland, That the act, entitled “ An act incorporating the Chesapeake and Ohio Canal Company, passed by the general assembly of Virginia at the December session, eighteen hundred and twenty-three," which has
already received the assent of the state of Maryland, and of the Congress of the United States, as well as of the Potomac Company, shall be, and the same is hereby, amended, in the manner hereinafter provided, on condition that this act receive, in like manner, the assent of the necessary parties thereto.
Sect. 2. And be it fuither enacted, That the Chesapeake and Ohio Canal Company shall have power to terminate the eastern section of the said canal at or near the town of Cumberland, on the river Potomac, and thence, to extend the western section thereof, in any direction that may be deemed expedient, by any other route, as well as that prescribed in the act aforesaid, towards Pittsburg, on the river Ohio ; and, in extending the same in any direction across the dividing ridge which separates the eastern and western waters, to substitute for a tunnel, and numerous locks, on such part of the route, inclined planes and railways, or any other artificial communication or roads; and, in the event that the western section of the Chesapeake and Ohio Canal shall leave the valley of the Potomac river at any point below the Coal Banks, at or near the mouth of Savage, on the north branch thereof, the company shall have the power, in like manner, to extend a branch from the main canal to the said Coal Banks, at or above the mouth of Savage, and to cause such branch to be constructed, of such dimensions as their views of their own and the public interest may warrant; and, for the construction of the same, shall have and enjoy the same rights, privileges, and immunities, under the same restraints and conditions, in all respects, as they are entitled to in relation to the main Chesapeake and Ohio Canal.
Sect. 3. And be it further enacted, That nothing in this act contained shall be held to discharge the said company from a compliance with each and every of the conditions of the original act
, except so far as the same are expressly altered by the provisions of this act.
Sect. 4. And be it further enacted, That this act shall commence and be in force as soon as it shall have received the assent of the legislature of Virginia, of the Congress of the United States, and of the Potomac Company.
We certify the foregoing is a true copy of the original act, passed the legislature of Maryland, at their present session.
Witness our respective signatures, this sixth day of February, in the year of our Lord one thousand eight hundred and twenty-seven.
W. KILTY, Clerk Senate.
Clerk House of Delegates, Md.
ACT OF THE STATE OF PENNSYLVANIA.
Au act incorporating the Chesapeake and Ohio Canal Company.
Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the full and entire assent of this commonwealth be, and the same is hereby, given to all and each of the provisions mentioned and contained in an act of the legislature of the state of Virginia, passed the twenty-seventh day of January, one thousand eight hundred and twenty-four, entitled “ An act incorporating the Chesapeake and Ohio Canal Company," so far as the same are or may be applicable to this commonwealth ; and the said act of the state of Virginia is hereby adopted, ratified, and confirmed, and enacted into a law of this commonwealth, and all and each of the provisions, conditions, and restrictions thereof, as fully and effectually, as if the same were enacted, paragraph by paragraph, and section by section, so far as the same can apply to this commonwealth ; always, nevertheless, subject to the exceptions, provisions, and restrictions, hereinafter mentioned ; and the said act shall hereafter be in full force and effect, wherever the same is applicable, as well within as without this commonwealth, as an act incorporating the Chesapeake and Ohio Canal Company, for all and every the objects and purposes therein set forth and provided for, according to the true intent and meaning of the said act of the state of Virginia ; an exemplification whereof shall be annexed to this act, and be published in the same manner as the laws are usually published : and the governor shall likewise cause an exemplified copy of the said act of Virginia to be deposited in the secretary's office of this commonwealth, and shall
also transmit an attested copy of this act to the president of the United States, and one copy thereof to the governor of Virginia, and one copy thereof to the governor of Maryland.
SECT. 2. And be it further enacted by the authority aforesaid, That this act shall have no effect, unless, within three years from and after the passage hereof, the state of Maryland shall pass a law authorising the state of Pennsylvania, or any company which may be for that purpose incorporated by the state of Pennsylvania, to take and continue a lateral canal or canals, or rail way, from any point or points within the territory of Pennsylvania, to, and connect with, the Chesapeake and Ohio Canal, within the territory of the said state of Maryland, and upon the same terms and conditions, and with all the rights, privileges, and powers, of every kind whatsoever, that the Chesapeake and Ohio Canal Company may have to make the said Chesapeake and Ohio Canal, and unless the said Chesapeake and Ohio Canal Company shall assent to and accept the said law of the state of Maryland, within one year after it shall have been enacted : Provided, That, should the said Chesapeake and Ohio Canal be located on the south side of the Potomac, at any point or points below the town of Hancock, then the assent of