1835.

LAWS OF MARYLAND

CHAP. 365

SEC. 6. And be it enacted, That for the purpose of

For constructing a

enabling the said company to transport the produce of

rail road. powers similar to the Bal-

the mines and the country through which their rail

timore & Ohio rail road comply

road passes, in the cheapest and most expeditious man-

ner, the said company, and the president and directors

thereof, shall be and are hereby respectively invested

with all and singular the rights, powers, privileges,

authorities, immunities and advantages, for the sur-

veying, locating, establishing, constructing and using

a rail road and its necessary appurtenances, beginning

the same at the mines of the said company, and run-

ning 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 using preserving and controlling in perpetuity the

said rail road, its necessary vehicles and appurtenan-

ces, 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 the 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 respectively, as fully and perfectly as if the

Gorge of the moun-

same were herein severally repeated; Provided, that it

tain— if served right to connect

shall not be lawful for the said Clifton Coal Mining

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

gorge of the Mountains, from the mouth of Braddock's

run towards Cumberland, that may be necessary for the

accommodation of the canal and works of the Chesa-

peake and Ohio Canal Company, or for the main route

of the Baltimore and Ohio Rail Road, or that may be

within the limits of either of the public roads there now

existing, except to cross these roads without injury to

Proviso

the same; and provided also, that full right and pri-

vilege 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 opinion and judgment of the commissioners of

Allegany county, for the time being, passed upon full

hearing of all parties interested, no injury would be