1835.

LAWS OF MARYLAND.

agents and servants, the same not being contrary to

CHAP. 334

any law of this State or of the United States.

Right to tax

SEC. 7. And be it enacted. That nothing in this act

contained, shall be construed to restrict the right of

the Legislature, which is hereby expressly reserved in

its fullest extent, to impose and levy from time to time

and at all times hereafter, such tax as the General As-

sembly may deem proper by license or otherwise on

the estate, funds. and property in which the capital

stock of said company hereby incorporated, shall be

invested, in common with similar property, funds or

estate of any oilier company, corporation, or indivi-

duals of this State.

Prior rights

SEC. 8. And be it enacted, That nothing in this act

shall be so construed as to prevent the Chesapeake and

Ohio Canal Company, or the Baltimore and Ohio Rail

Road Company from taking possession of the route

which shall and may he located for the rail road or

roads incorporated by this act, whensoever or whatso-

ever they shall he found necessary for the purpose and

Proviso

use of either of said works; Provided, that the sum or

sums of money laid out and expended by said compa-

ny in making said road or roads, be refunded to them

by the company taking the road as aforesaid.

Powers and rights

SEC. 9. And be it enacted, That for the purpose of

of company

enabling the said company to transport the produce of

their mines over that part of the county through which

their rail road may pass in the cheapest and most ex-

peditious manner, the said company and the president

and directors thereof, shall be, and hereby are respec-

tively invested with all and singular the rights, pow-

ers, privileges, authorities, immunities and advanta-

ges for the surveying, locating, establishing and con-

structing a rail road or roads, and their necessary ap-

pertenances, begin ing the same at the mines of the

said company, and running to a convenient point or

points on the Potomac above the town of Cumberland,

Authority to use

in this State, and for the using, preserving and con-

said rail road

troling in perpetuity, the said rail roads and their ne-

cessary vehicles and appurtenanccs and every part

thereof, or borrowing money on the credit of the com-

pany for its lawful purposes, which by the act incor-