GEORGE HOWARD, ESQ. GOVERNOR.

1831.

Sec. 19. And be it enacted, That if the said company,
should neglect to provide proper wagon ways acrosd said
road, as required by the seventeenth section of this act, it
shall be lawful for any individual to sue said company, and
foe entitled to such damages, as a jury may think him or her
entitled to, for such neglect or refusal on the part of said!
company.

CHAP. 168

Redress for neg-
lect of cross roads,
&c.

Sec. 20. And be it enacted, That the said Aliegany Coal
Mine Rail Road [Company,] with the lateral ways, snail be
deemed, and is hereby declared a public highway, subject
to the imposition of tolls, to be hereafter regulated by this
act.

Declared a high-

way.

Tolls.

Sec. 21. And be it enacted, That the company shall not
be entitled to exact or receive any toll or duty , exceeding
the rate of two cents a ton per mile, on all goods, merchan-
dize or property of any description whatsoever, transport-
ed by them on said Rail-road, or any lateral ways which'
they may construct; and, also not exceeding four cents per
mile, for each passenger whom they may transport

Rate of tolls.

Sec. 22. And be it enacted, That the said president and
directors shall annually, or semi-annually, declare and make
such dividends as they may deem proper, of the net profits
arising from the resources of the said company, after de-
ducting the necessary current, and probable contingent ex-
penses, and that they shall divide the same amongst the

Dividends

stockholders of the said company, in proper proportions to
their respective shares; Provided, That the said net profits
shall not exceed fifteen per centum, on the amount of the

Limit.

cost of the construction of said Rail-road; and, that if at any
time there shall be an excess over that rate, such excess
shall be divided among the stockholders, and forthwith
paid to them or their legal representatives.

Case of excess.

Sec. 23. And be it enacted, That the president and direc-
tors of the said company be, and they are hereby authoris-
ed, if they shall deem it expedient, to cause subscription
books to be opened in Hagerstown and Williamsport, in
Washington county, in Harpers' Ferry, and in Shepherd's
Town, in Virginia, and in the District of Columbia, under
the directions of such commissioners as they may select,
for the purpose of receiving subscriptioas to the above
company.

Authority to open,
books, elsewhere.

Sec. 24. And be it enacted, That if any person or persons,
shall wilfully, by any means whatsoever, injure, impair or
destroy, any part of any Rail-road constructed by said com-
pany under tins act, or any of their necessary works, build-
ings, carriages, vehicles or machinery of said company,
such person or persons so offending, shall each of them, for

29

Penalty for dama-
ging road, &c.