1835.

LAWS OF MARYLAND.

CHAP. 324

or canal of the Chesapeake and Ohio Canal Com-

pany at or near the town of Cumberland in this State,

and for the using, preserving and controlling 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 se-

cured to the said company and its president and direc-

tors respectively, as fully and perfectly as if the same

Proviso

were herein severally repeated; provided, that it shall

not be lawful for the said Boston and New York Coal

Company, to occupy or use any portion of the lands in

the Gorge of the mountains from the mouth of Brad-

dock's run towards Cumberland, that may be neces-

sary for the accommodation 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 be within the limits of cither of the public

roads there now existing, except to cross these roads

Proviso

without injury to the same; And provided also, that

full right and privilege is hereby reserved to the citi-

zens 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, or any

other railroad, if in the opinion and judgment of the

commissioners of Allegany county for the time being,

passed upon hearing of all parties interested, no inju-

ry would be done by such connection, to the rail road of

said company, and that the said company shall trans-

port on the said rail road, upon any rail way connected

Rates

or which may be connected therewith, at the rate of

one cent a ton per mile on all goods, merchandise or

property of any description whatsoever transported on

said rail road or on any lateral way which they may

construct, and also not exceeding two cents per mile

for each passenger transported on said road; Provided

always, that when any car shall be placed on said rail

road, it be adopted in size and all necessary particulars

to said rail road; And provided further that the Legis-