sey's Cross Roads Railway Company, and by such
name, style and title shall have perpetual succes-
sion, and be capable of suing and being sued, of
impleading and being impleaded in any court of
law or equity in this State, and of receiving, tak-
ing, holding and granting in its said corporate

name, any real or personal property; provided,
that the real estate held by said corporation shall
only be necessary and useful in the construction
and maintaining of their road, with the use of the
same as herein set forth.

Proviso.

Sec. 2. And be it enacted. That the said corpo-
ration is hereby authorized and empowered to sur-
vey and construct and maintain a railway of
double or single track from some point at or near
Elkton, in the County of Cecil, to the village of
Massey's Cross Roads; in Kent County, where
most convenient and suitable to connect with the
Kent County Railway at one end, and with the Phil-
adelphia, Wilmington, and Baltimore Railroad at
the other, with power to construct any bridge or
bridges which may be necessary over any streams
on the route of the same; provided, that said road
should be constructed over navigable water, said
company is required to put a draw in the most
navigable part of said stream to pass vessels by
day and by night through said bridge or bridges,
free of charge.

Authority to
construct and
maintain Rail-
way.

Sec. 3. And be it enacted, That the said corpo-
ration by their agents, officers and employees for
the purpose of surveying the route of said road,
may enter upon and pass through any private
property without injury to said premises, and
when they .have decided upon any part of the
route, and cannot agree with the owner of the
land through which the same is to pass for the
amount of compensation which said owner should
receive for such ground as it may be requisite to
occupy, then it shall be competent for said corpo-
ration by their officers and agents to execute a
bond in double the sum which said corporation of-
fers to allow to said land owner, which bond shall
be conditioned for the payment of such sum, with
the costs of suit, as the said owner may, by any
proceeding at law, proceed to be awarded against
the said corporation whenever the same shall be

May enter
upon and pass
through pri-
vate property.