310

LAWS OF MARYLAND.

intersections or other points are guarded as afore-

said ; and the pay of each such guard or flagman shall

not be less than a dollar and a half or more than five

dollars a day, to be fixed and determined by said

county commissioners at the time of their appoint-

ment.

SEC. 4. And be it enacted, That if any such railroad

company or corporation shall fail, neglect or refuse

Neglect or re-
fuse to pay

for the period of sixty days to pay the wages of any
guard or flagman appointed in compliance with the

terms of this act by the county commissioners of said

county, then the same shall be paid by said county

commissioners, and the said county commissioners

shall forthwith proceed by suit or action at law

against said railroad company or corporation, upon

whose track the services of such guard or flagman

shall have been performed, for the recovery of the

amount so paid.

SEC. 5. And be it enacted, That if any such rail-

Construct tun-
nel or bridge

road company or corporation has now or shall here-

after construct any tunnel or bridge at any crossing

intersecting a point mentioned or designated in this

act, to be guarded and provided as required by the

first section of this act, so far above or below the

grade of such crossing, intersection or point desig-

nated as not to endanger the safety of any passenger,

horseman or vehicle passing over or under said rail-

road track, then it shall be relieved from compliance

with the terms and provisions of this act at the place

so bridged or tunnelled as aforesaid ; the construction

of any such bridge or tunnel to be subject to the ap-

proval of the County Commissioners of Baltimore

county.

SEC. 6. And be it enacted, That any railroad company

Raise or lower
public road

now in existence, or hereafter to be created, shall

have authority to raise or lower any public road, ave-

nue, street or other highways in said county, in such

manner as to enable said company to pass such road,

Avenue, street or highway under or over such rail-

road; but such work of raising or depression shall

be done in a manner satisfactory to such county com-

missioners.