14

along the same; or where it shall be necessary to pass through
the land of any individual, it shall also be their duty to pro-
vide for such individual proper wagon ways across said road
or roads from one part of his land to the other.

SECTION 15. And be it enacted, That whensoever it shall be
necessary for said Company, to have use or occupy any lands,
materials or other property, in order to the construction or
repair of any part of said road or roads, or their works or
necessary buildings, the President and Directors of said
company, or their agents, or those contracting with them for
making or repairing the same may immediately take and
use the same, they having first caused the property wanted
to be viewed by a jury (formed in the manner hereinbefore
prescribed in those cases where the property is to be changed
or altered by admixture with other substances before such al-
terations are made,) and that it shall not be necessary, after
such view, in order to the occupation of the same, to wait the
issue of the proceedings upon such View; and the inquest of
the jury, after confirmation and after payment or tender of
the valuation shall be a bar to all actions for taking or using
such property, whether commenced before or after such con-
firmation or the payment of said valuation.

SECTION 16. And be it enacted, That the said President and
Directors, or a majority of them, shall have power to pur-
chase with the funds of said company, and place on any rail-
road constructed by them under this act, all machines,
wagons, vehicles or carriage of any description whatever,
which they may deem necessary or proper for the purposes of
transportation on said road, and they shall have power to
charge for toll upon (and the transportation of persons)
goods, produce, merchandise, or property of any kind what-
soever, transported by them along said railroad, from the
town of Cumberland to the dividing line between the States
of Maryland and Pennsylvania, any sum not exceeding the
following rates, viz: on all goods, produce, merchandise or
property of any description whatsoever transported by them,
not exceeding three cents a ton per mile for tolls, and three
cents a ton per mile for transportation, and for the transpor-
tation of passengers, not exceeding three cents per mile for
each passenger; and it shall not be lawful for any other com-
pany, or any person or persons whatsoever, to travel upon or
use any of the roads of said company, or to transport per-
sons, merchandise, produce or property of any description
whatsoever, along said roads or any of them, without the
license or permission of the President and Directors of said
company; and that the said road or roads, with all their works,
improvements and profits and all the machinery of transpor-
tations used on said road, are hereby vested in the said com-
pany incorporated by this act, and their successors iorever;
and the shares of the capital stock of the said company, shall
be deemed and considered personal estate, and shall be ex-