1874.] OF THE^ HOUSE OF DELEGATES.

971

whose track the services of such guard of flagman shall have
been performed, for the recovery of the amount so paid.

SEC. 5. And be it enacted, That if any such Railroad Com-
pany or Corporation has now, or shall hereafter construct
any tunnel or bridge a't any crossing intersecting, or point
mentioned or designated in this Act to be guarded and pro-
vided as required by the first section of this Act, so far above
or below the grade of such crossing, intersection or points
designated, as not to endanger the safety of any passenger,
horseman or vehicle, passing over or under said Railroad
track, then it shall be relieved from compliance with the
terms and provisions of this Act at the place so bridged or
tunneled as aforesaid; the construction of any such bridge or
tunnel to be subject to the approval of the County Commis-
sioners of Baltimore county.

SEC. 6. And be it enacted, That any Railroad Company now
in existence or hereafter to be created, shall have authority to
raise or lower any public road, avenue, street or other high-
ways in said county, in such manner as to enable said Com-
pany to pass such road, avenue, street or highway, under or
over such Railroad, but such work of raising or depression
shall be done in a manner satisfactory to such County Com-
misioners.

SEC. 7. And be it enacted, That this Act shall take effect
from the date of its passage.

The proposed amendments were severally read and adopted,
and the bill, as amended, read a third time and passed by
yeas and nays, as follows:

AFFIRMATIVE.
Messrs.

Hines, Speaker, Mackey, McWillams,

Bond, Davis, Stewart,of B. city,

Henkle, Latchford, Gill,

Nutwell, Thompson, Harig,

Lancaster, Pruitt, Groh,

Hawkins, Miller, Berry,

Keech, Lamar, Grimes,

Buchanan, Nicodemus, Stake,

Merryman, Annan, Fletchall,

Seth, Grafton, Park,

Valliant, Lee, Brace,

Duer, Williams, Waters,

Johnson, McCosker, Maclin,

Hodson, T. H. Hamilton, Bedsworth,

Turner, of Cecil, Cooper, Glotfelty— 45.

NEGATIVE—None.
Said bill was then sent to the Senate.