THOMAS W VEAZEY, ESQUIRE, GOVERNOR,

1835.

manner, the said company and the president and di-

CHAP. 251.

rectors thereof, shall be and hereby are respectively

invested with all and singular the rights, powers, pri-

vileges, authorities, immunities and advantages, for the

Surveying, locating, establishing and constructing a

rail road and its necessary appurtenances, beginning

the same at the mines of the said company, and running

to a convenient point or points on the basin or canal

of the Chesapeake and Ohio Canal company, at or near

the town of Cumberland, in this State; and for the us-

ing, preserving, and controlling in perpetuity the said

rail road, its necessary vehicles and appurtenances, and

every part thereof; or borrowing money on the credit

of the company for its lawful purposes, which by the

act incorporating the Baltimore and Ohio Rail Road

company, and its several supplements, were for the

lawful purposes of said company, and the benefit of its

corporators, given, granted, authorised and secured to

the said company, and its president and directors, res-

pectively, as fully and perfectly, as if the same were

herein severally repeated; Provided, that it shall not

Restriction in the gorge of the

be lawful for the said Maryland Mining company to

mountains

occupy or use any portion of the lands in the gorge of

the mountains, from the mouth of Braddock's Run to-

wards Cumberland, that may be necessary for the ac-

commodation of the canal, and works of the Chesapeake

and Ohio canal company, or for the main route of the

Baltimore and Ohio Rail Road, or that may he within

the limits of either of the public roads there now exist-

ing, except to cross these roads without injury to the

same; and provided also, that full right and privilege

is hereby reserved to the citizens of this State, or any

company now or hereafter to be incorporated, under the

authority of this State, to connect with the rail road

hereby provided for, any other rail road, if in the opi-

nion and judgment of the commissioners of Allegany

county for the time being, passed upon full hearing of

all parties interested, no injury would be done by such

connection to the rail road of said company, and that

Rate of toll

the said company shall transport on their said rail

road, upon any rail ways connected, or which may be

connected therewith, at the rate of one cent a ton per