1831

LAWS OF MARYLAND.

CHAP. 251.

Improvement, a subscription was authorised on behalf of

the state of Maryland, for five thousand shares of stock in

the Baltimore and Ohio Rail Road Company, with a pro-

viso, among several others, that the president and directors

of the said company should agree so to locate said road,

that it should go to, or strike the Potomac river at some

point between the mouth of the Monocacy river and the

town of Cumberland, in Albany county, and that it should

go into Frederick, Washington and Allegany counties;

And whereas, the route selected by the president and direc-

tors of the Baltimore and Ohio Rail Road Company, as be-

ing ascertained by them to be the only practicable one for

the location of their rail road, so as to comply with the

agreement required in the proviso aforesaid, had been chos-

en by the Chesapeake and Ohio Canal Company as the

route and site for a canal, and it has been decided by the

court of appeals of this state, that the legislature, by an act

passed at December session, eighteen hundred and twenty-

four, chapter seventy -nine, bad granted to, and vested in

the said Chesapeake and Ohio Canal Company, the prior

right of choice of the said route, whereby the Baltimore

and Ohio Rail Road Company, are excluded from all that

part of their selected route which lies west of the Point of

Rockp, on the Potomac river, in Frederick county, to which

point they have located and constructed their said rail road

from the city of Baltimore, and the said Rail Road Com-

pany have prayed to be released from the performance of

so much of the agreement and condition above mentioned,

as they are prevented from performing by the grant and de-

cison aforesaid — and the said prayer being deemed reason-

able — Therefore,

Released from con-

Be it enacted by the General Assembly of Maryland, That

dition

the Baltimore and Ohio Rail Road Company, be and they

are hereby released from the performance of so much of

the condition and agreement mentioned in the above recited

supplementary act, as requires the president and directors

of the said company, so to locate their said rail road, that

it shall go into Washington and Allegany counties; and it

shall be lawful for the said company so to change the route

of the Baltimore and Ohio Rail Road, which they are au-

thorised by their charter to construct, and to locate and

construct the same on, and over such ground, and in such

direction, from any point on the said road already construct-

ed, to the Ohio river, as the said company, on investigation

and consideration, may deem most beneficial, convenient

Proviso.

and practicable: Provided always , That if on a careful ex-

amination by the engineers of the Baltimore and Ohio Rail