1240

LAWS OF MARYLAND.— 1836.

or banks, or other moneyed institution as he may select, upon
the terms and conditions prescribed by the second section
hereof.

The residue
yet recover-
able to be
deposited.

SEC. 4. And be it enacted, That the residue of the state's
share of the surplus revenue of the United States now received,
or that may hereafter be received by the treasurer of the western
shore, shall be deposited in some incorporated bank or banks in
Baltimore or elsewhere in this state, at the discretion of the
treasurer of the western shore, upon condition that the said

On interest.

banks shall pay an interest of at least five per centum per annum,
and give such security for the re-payment thereof, as the trea-

Subject to
next gene-
ral assembly
The accru-
ing interest
to be dis-
tributed for
education.

surer of the western shore shall approve, subject to the future con-
trol and appropriation of the next general assembly, the interest
accruing thereon to be distributed amongst the several counties
of this state and the city of Baltimore, for the support and
encouragement of common school education in this state in the
same manner and proportions as said fund is now distributed.

CHAPTER 255.
AN ACT to authorize the Owner or Owners of any Mill, Factory, Distil-
lery, Quarry, or Lime-kiln, situated within the distance of five hundred
yards from any Rail Road now made, or which may hereafter be con-
structed, to apply to the County Courts, the Levy Court, or to the Com-
missioners of the County, as the case may be, to lay out and open a
Private Road or Way from such Mill, Factory, Distillery, Quarry or
Kiln, to the most convenient place for intersecting such Rail Road.
See 1832, ch. 292, ante page 1090.

On appli-
cation.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That it shall and may be lawful for the owner or owners of any
mill, factory, distillery, quarry or lime-kiln, situated within the
distance of five hundred yards from any rail road now made or
which may hereafter be constructed, to apply to the county

Authority
granted.

court, the levy court, or to the commissioners of the county, as
the case may be, to lay out and open a public or private road or
way, from such mill, factory, distillery, quarry or kiln, to the
most convenient place for intersecting such rail road ; and upon
any such application, it shall be the duty of any county court,

On exami-
nation, &c.

levy court, or county commissioners, having authority to open
private roads or ways in any of the counties of this state, if

To open
roads.

after an investigation of the rights and interests of all the par-
ties concerned, they shall think proper to proceed to have laid
out and opened, a public or private road or way from any such
mill, factory, distillery, quarry or kiln, to any rail road as afore-
said, in the same manner as other public or private roads or
ways may be opened in any of the counties of this state, respec-

Damages in
case of rail
tracks.

tively.
SEC. 2. And be it enacted, That if any owner or owners as
aforesaid, shall state in an application for a private road or way,