164 CORPORATIONS. [ART. 26.

if not received when tendered, may at any time thereafter be
received from the said company without costs, by the said owner
or his legal representative.

79. Nothing herein contained shall authorize any incorporated
company to take or use private property without just compensa-
tion, as agreed upon between the owner or awarded by a jury,
first paid or tendered to the parties entitled thereto.

80. The citizens of this State, or any company now or here-
after to be incorporated under the authority of this article, shall

have the right to connect with the rail road or rail roads hereby
provided for, any other rail road, if in the judgment of any three
of the county commissioners of the county for the time being,
passed upon hearing of all parties interested, no injury would be
done by such connection to the rail road of said corporation.

81. Any company incorporated for mining purposes under the
provisions of this article, may charge any citizens or company so
connecting, when using their own cars, a rate not exceeding
two cents per ton per mile, on all coal or other articles that may
be so transported on the rail roads of said company, from any
point on said rail road to the Chesapeake and Ohio Canal, or to
the Baltimore and Ohio Rail Road, or other lines of canals and
rail roads; Provided, that the said company shall return the
empty cars of such citizen or company to the point from whence
they started, free of charge.

82. No cars shall be placed on any rail road of any company
as aforesaid, unless they be adapted, in size and all necessary
particulars, to said rail road, in accordance with the regulations
of the said company, which shall always provide the necessary
motive power for running said cars, and the said cars shall be in
the exclusive care and charge of said company whilst on its
rail road.

83. No rail road built by any mining company formed under
this article shall be more than ten miles in length.

84. Every rail road constructed under the provisions of this
article shall provide all necessary means, and transport all per-
sons and property that may be offered for transportation, on its
said rail road, and in all cases other than those provided for in
the eighty-first section of this article, or in all cases in which the