394

LAWS OF MARYLAND.

SEC. 21. And be it enacted, That whenever the line

of any railroad company now existing, or which may

hereafter organize under this act, shall cross any

File plan of

canal, or any navigable water, the said company

bridge.

shall file with the board of public works the plan of

the bridge and other fixtures for crossing such canal

or navigable water, designating the place of cross-

ing; and if the said board shall approve of such

plan, it shall notify nuch company in writing of such

approval, but if the said board or acting commis-

sioners shall disapprove such plan, or fail to approve

the same within twenty days from the filing thereof,

then it shall be lawful for such company to apply to

Apply to Cir-
cuit Court or

the Circuit Court, or any Judge thereof in vacation,

Judge.

and upon reasonable notice being given to the mem-

bers of the board of public works, said court or

judge shall, upon good cause shown, appoint a com-

petent, disinterested engineer, not a resident of any

county through which said road passes, to examine

such crossing and to prescribe the plan and condi-

tion thereof, so as not to impede navigation; and

such engineer shall, within twenty days from his ap-

Make return.

pointment, make his return to the Circuit Court of

the county where such crossing is to be made, sub-

ject to exception by either party, and thereupon the

court shall, at the next term after the filing of said

return proceed to examine the same, and unless good

Confirmation,

cause is shown shall approve and confirm the same,

and such order of confirmation shall be sufficient

authority for the erection, use and occupancy of such

Proviso.

bridge in accordance with such plan; provided that

no railroad company shall be authorized to construct

any permanent bridge over any canal of this State,

which shall be less than twelve feet in the clear above

the top water-line of said canal, and the piers and

abutments of such bridge shall be placed so as not

in any manner to contract the width of the canal, or

interfere with free passage on the towing-path.

SEC. 22. And be it enacted, That no railroad company

heretofore or hereafter incorporated under the laws

of this State, shall enter into any agreement for the

Not consoli-

consolidation of such railroad company with any

date without
authority.

other railroad company, or aid any other railroad

company in the construction of its railroad, by