Sec. 6. And be it enacted, That the said Com-
pany be and they are hereby authorized to con-
struct and establish the said railways upon the
beds of the Baltimore and Harford Turnpike road,
and of the Bel Air road with power to alter the
grades thereof, and may run their cars thereon;

Where rail-
way is to be
constructed.

provided, however, that the consent of the Balti-
more and Harford Turnpike Company shall first
be obtained before such use of said Turnpike road.

Proviso.

Sec. 7. And be it enacted. That the rate of fare
to be charged by said Railway Company shall not
exceed the sum of five cents per passenger, for
each' mile or fraction of a mile, between the City
of Baltimore and the terminus of the road.

Rate of fare.

Sec. 8. And be it enacted, That in case the
said Company shall determine not to construct and
establish their Railway upon the beds of the Balti-
more and Harford Turnpike road, and the Bel-Air
Road, or either of them, then they shall be and
they are hereby authorized to make and construct
the said Railway of a width not exceeding sixty
feet with the necessary additions, for excavations
and embankments, upon a line running in the
same general direction with the said Harford
Turnpike Road, from northeasterly limits of the
City of Baltimore to the said Hall's Springs; and
for the other branch thereof, upon a line running
in the same general direction with the said Bel-
Air Road, from the terminus of the Baltimore
City Passenger Railway, on. the Bel-Air Road, to
a point near Herring Run, and thence crossing to
the Baltimore and Harford Turnpike Road, at or
near Hall's Springs; and for that purpose, if the
same be necessary or expedient, to cross the said
Turnpike or Bel-Air Roads or either of them, and
any other public road or roads wherever the lines

In case of de-
termination
not to con-
struct, &c.

of the said Railway may intersect the same; pro-
vided, that in case the consent of any owner or
owners of any ground to be occupied cannot be
obtained, that the president and directors of said
company may agree with the owners of land for
the purchase and occupation of the land required
for the said road, and also for the purchase of
stone, gravel, earth and timber, required in the
construction thereof: and in all cases where they
are unable to agree with such owner or owners, or

Proviso: