12

ner prescribed by them, or may sell the same for the benefit
of the Company for any sum not under their par value, and
that they, or a majority of them, shall have power to borrow
money for the objects of this act, to issue certificates, or other
evidence of such loans, and to pledge the property of the Com-
pany for the payment of the same and its interest.

Sec. 12. And le it enacted, That the President and Direc-
tors of said Company shall be, and they are hereby invested
with all the rights and powers necessary to the construction
and repair of a Railroad from the town of Cumberland, to
some suitable point on the dividing line between the States of
Maryland and Pennsylvania, to be by them determined, not
exceeding sixty feet wide, with as many sets of tracks as the
said President and Directors, or a majority of them, may
necessary, and they, or a majority of them may cause to be
made, or contract with others for making said Railroad, or
any part of it, and they, their agents, or those with whom
they may contract for making any part of the same, or their
agents, may enter upon, and use and excavate, all lands which
may be wanted for the site of said road, or the erection of
warehouses or other works necessary to said road, or for any
other purpose necessary or useful in the construction or repair
of said road or its works, and that they may build bridges,
may fix scales and weights, may lay rails, may take and use
any earth, timber, gravel, stone or other materials which may
be wanted for the construction or repair of any part of said
road, or any of its works, and may make and construct all
works whatsover which may be necessary and expedient, in
order to the proper completion of said road, and that they, or
a majority of them, may make or cause to be made, lateral
Railroads in any direction whatsoever, in connecting said Rail-
road from the town of Cumberland to the dividing line be-
tween the States of Maryland and Pennsylvania, and in the
construction of the same or their works, shall have, possess,
and may exercise all the rights and powers hereby given to
them, in order to the construction or repair of the said Rail-
road, from the town of Cumberland to the dividing line
between the States of Maryland and Pennsylvania.

Sec. 13. And be it enacted, That the President and directors
of said company, or a majority of them, or any person or persons
authorized by a majority of them, may agree with the owner or
owners of any land, earth, timber, gravel stone or other ma-
terials, or any improvements which may be wanted for the
construction or repair of any of said roads, or of any of their
worki, for the purchase or use and occupation of the same,
and if they cannot agree, or if the owner or owners, or any
of them, be a feme covert, under age, non compos mentis, or
out of the couaty ia which the property wanted may lie, when
such land or materials shall be wanted, application may be
made to any justice of the peace of such county, who shall