80

LAWS OF MARYLAND.

Dec. Sess.

1813.

construed to extend to any suit or action now pending
in any court, or before any justice of the peace in the
state of Maryland.

CHAPTER 85.

Passed Jan.
20, 1814.

An act to authorise the sale of the right of cutting a mill-
race through the land of Richard Simpers, a minor,
in Cecil county.

Preamble.

WHEREAS, it is represented to this general assembly
by the petition of William Hollingsworth, (son of Ze-
bulon,) that he is possessed of an advantageous situation
for a manufacturing establishment upon the waters of lit-
tle Elk in Cecil county, hut that in order to the improve-
ment of the same, it is necessary to open a mill race
through a small piece of land belonging to Richard
Simpers; a minor: And whereas, the said petitioner hath
agreed to make such a liberal compensation for the pri-
vilege of the said race as fully meets with the approba-
tion of the guardian and nearest relations of said minor,
us well as the said minor himself, who is about seventeen
years of age. And whereas, it is highly expedient for
the legislature to give all proper encouragement to un-
dertakings of this kind: Therefore,

May open a
mill-race.

Section 1. BE IT ENACTED by the General As-
sembly of Maryland, That it shall and may be lawful
for the said William Hollingsworth, his heirs and assigns,
to open and make a milt race through the lands of the
said Richard Simpers, so as to draw the water of little
Elk through the same for the purpose of a milling or ma-
nufacturing establishment, Provided, the same shall not

Proviso.

exceed thirty feet in width, and at all times to repair the
same when repair shall be necessary, and for such pur-
pose shall have free ingress and egress with the necessa-
ry people and implements.

Right vested.

2. AND BE IT ENACTED, That upon the pay-
ment of the sum hereinafter provided to be paid, and up-
on the cutting and opening the said mill-race by the said
William Hollingsworth, his heirs or assigns, an absolute
estate in fee simple in the said race, and privilege shall
be vested in the said William Hollingsworth, his heirs

Proviso.

and assigns forever: Provided always, AND BE IT
ENACTED, That it shall and may be lawful for the said
Richard Simpers, his heirs or assigns, to erect such fence
or fences across the said race as may be found necessary
fro inclose the fields belonging to his farm aforesaid, not
obstructing the free course of the water through said
race: And provided also, that before it shall be lawful
for the said William Hollingsworth, his heirs or assigns,
to commence the cutting or opening the said mill race,
he or they shall pay unto the guardian of the said Rich-
ard Simpers, for his use, the sum of fifteen hundred dol-
lars current money, or such sum as is herein alter pro-
vided.