166
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LAWS OF MARYLAND.
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1830.
CHAP. 158.
Proviso.
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the rail road from the city of Baltimore to the Ohio River,
and be subject to the same conditions and restrictions, ex-
cept where otherwise provided by this act; Provided al-
ways, that no timber shall be cut on any land other than
the bed of the said rail road, by order of the said compa-
ny, or taken by them for the use of the said road, without
the consent of the owner.
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State entitled
to subscribe
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Sec. 2. And be it enacted, That the state of Maryland
shall be entitled and have the option, at any lime before,
or within two years after the said rail road shall have been
completed and in actual use, to subscribe for and receive
stock of the said Baltimore and Ohio Rail Road Company,
to the amount of the whole or any part of the cost, includ-
ing; interest actually paid, and incidental expenses, which
shall be incurred by the said company in the extension and
construction ol the rail road authorised by this act; and the
president and directors of the said company are hereby au-
thorised and required, to admit of such subscription, as an
increase of the stock of the said company, to the amount
which the state, in the exercise of the option and right so
reserved, shall elect to take; and the exercise of such right
and option shall he in such manner, and by such agent, as
the general assembly shall provide; or the state of Maryland
shall have the further right and option, to be exercised
within the time and in the manner aforesaid, to take and
hold as a separaic and distinct stock, any part of the a-
mount of funds which shall be necessarily used in the con-
struction of the rail road aloresaid, not exceeding five-
eighths of the whole cost of the said road; and to receive a
due proportion of the nett profits which shall be derived
from the travelling and transportation on, and other use of
the rail road so authorised to he extended and constructed
by this act; and on the subscription by the state for the
whole, or any part of the amount of the cost of the said rail
road, or electing to take and hold a part of the same as a
distinct and separate stock, as above provided, the state shall
pay for the same to the Baltimore and Ohio Rail Road
Company aforesaid, in money, or in s'ock of the state,
bearing interest at the rate of four and a half per centum
per annum, to the amount of the stock subscribed for or
elected to betaken by the state pursuant to this act, in such
way as the legislature shall provide.
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Rates
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Sec. 3. And be it enacted, That the Baltimore and Ohio
Rail Road Company shall be entitled to charge and take,
as a compensation for the use of the rail road, which they
are authorised to construct by this act, and for the conveyance
of passengers and transportation of property thereon, at and
not exceeding the following rates and amounts, to wit: For
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