L681 
lif 
under the same; and, tlicreupon, it shall he lawful to, and for, the said 
company herehy proposed to be ci-cated, to accept such surrender and 
transfer, and to [lold, possess, use and, occupy, all the said proj)ei"ty, 
rights, and j)rivilegcs, in the same manner, and to the same effect, as 
the said Fotomac Company now hold, possess, and occupy the same 
by law; and, thereupon, the charter of the said Potomac Company shall 
be, ana the same is hereby, vacated and annulled, and all the rights 
and po.wers thereby granted to the Potomac Company shall be vested 
in the company hereby incorporated; and it shall be the duty of the 
said last mentioned Company, until every section of the contemplated 
canal shall be completed, 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 navigation, and in good order, as the same now is: and in de- 
fault thereof, they shall bej, in all things responsible, in the same man- 
ner as the Potomac Company is now responsible; and in all rivulets, 
streams, creeks, and rivers, required for the western section of the 
said Clsesapeake and Oliio 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 Potomac Company, vested in the said com- 
pany, in I'vlation to the waters of the Potomac, and the tributary 
streams tiicreof. 
Sec. 14. Andbe it enacted, That the said canal, and the works to 
be erected tliereon, in virtue of this act, when completed, shall forever 
thereafter be estecivKjd and taken to he 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 provijleil by this 
act; and no otiier toll or tax wiiatever, for the use of the said canal 
and the works thereon erected, shall, at any time hereafter be, impos- 
ed, but by consent of the said states, and of the United States. 
Sec. 15. And ivhercas. It is necessary, for the making of the said 
canal, locks, dams, pomls, feeders, and other works, that a provision 
should be made for condemning a quantity of land for this purpose. 
Be it enacted, That it shall and may be lawful for the said president 
and directors, or amajiH-ity of them, to agree with the owmers of any 
land, through which tije said canal is intended to pass, for the purchase, 
or use and occupation thereof; and, in case of disagreement, or in case 
the owner thereof shall be a fcmme covert, under age, non compos, or 
out of the state or county, on application to a Justice of the Peace of 
the county in winch such land sliall 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 manner interested, to meet on the land to be 
valued, at a day to be expressed in the wai-rant, not less than ten, nor 
more than twenty days, thereafter; and the shei-ifF, upon receiving the 
said warrant, shall forthwith summon t!ie said jury, and, when met. 
shall administer an oath or affirmation to every juryman who shall 
appear, being not less tlian twelve in number, that he will faithfully, 
justly, and impartially, value the land, and all damages Ihe owner 
thereof shall sustain, by cutting the canal through such land, or ib^ 
