APPENDIX I.

805

to the state of Maryland , and to any company incorporated, or hereafter to beincorporated, by the said state, the right to take and continue a canal fromany point of the Chesapeake and Ohio canal through the territory ofColumbia, or any part thereof, to the said state, in any direction it maydeem proper, upon the same terms and conditions, and with all therights, privileges, and powers, of every kind whatsoever, granted to theChesapeake and Ohio Canal Company by the act of incorporation, and decid-ing, agreeably to the act of Congress passed at December session, eighteenhundred and twenty-four, that the canal, as located by the Board of PublicWorks under the authority of this act, may be cut without impeding or injuringthe navigation of the Chesapeake and Ohio canal . And provided, also, Thatthe Board of Public Works shall previously ascertain and certify to theexecutive the practicability of connecting, by the canal described in thisact, the Chesapeake and Ohio Canal with the Patapsco river at the city ofBaltimore ; and if the said Board of Public Works shall adopt for the saidcanal a line wholly within the state of Maryland, then the act of Congress last mentioned in the foregoing proviso, shall not be necessary to authorizethe subscriptions and expenditures aforesaid: And provided, also, That theexecutive shall previously be satisfied that the residue of the sum of moneyestimated by the United States ’ Board of Engineers to be adequate to thecompletion of the eastern section of the Chesapeake and Ohio canal , afterdeducting the amount of the subscriptions of the state of Maryland and of theUnited States , herein provided to be made, hath been actually subscribed bybona fide and competent subscribers.”

ACT OF THE STATE OF MARYLAND .

An Act to amend the “ Act incorporating the Chesapeake and Ohio CanalCompany .'"

Sec. 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 assentof the state of Maryland, and of the Congress of the United States , as wellas of the Potomac Company, shall be, and the same is hereby, amended, inthe manner hereinafter provided, on condition that this act receive, in likemanner, the assent of the necessary parties thereto.

Sec. 2. And be it further enacted, That the Chesapeake and Ohio CanalCompany shall have power to terminate the eastern section of the said canalat or near the town of Cumberland, on the river Potomac , and thence, toextend the western section thereof, in any direction that may be deemedexpedient, 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 anydirection across the dividing ridge which separates the eastern and westernwaters, to substitute for a tunnel, and numerous locks, on such part of theroute, inclined planes and railways, or any other artificial communication orroads; and, in the event that the western section of the Chesapeake andOhio canal shall leave the valley of the Potomac river at any point below theCoal 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 fromthe main canal to the said Coal Banks, at or above the mouth of Savage, andto cause such branch to be constructed, of such dimensions as their views oftheir own and the public interest may warrant; and, for the construction ofthe same, shall have and enjoy the same rights, privileges, and immunities,under the same restraints and conditions, in all respects, as they are entitledto in relation to the main Chesapeake and Ohio canal .

Sec. 3. And be it further enacted, That nothing in this act contained shall beheld to discharge the said company from a compliance with each and every ofthe conditions of the original act, except so far as the same are expressly alteredby the provisions of this act.

Sec. 4. And be it further enacted, That this act shall commence and be inforce 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 legis-lature of Maryland , at their present session.

Feb. 6, 1827.

Act of Mary'land.