18S5,

LAWS OF MARYLAND.

CHAP. 395.

this act, or of any thing that may be done by either of

said companies, in consequence thereof; and the said

treasurer shall not make any payment aforesaid, for

subscription to the stock of the Baltimore and Ohio

Certificate under

Rail Road Company, until after a majority of the di-

oath of sufficiency to complete rail

rectors appointed therein on behalf of this State, shall

road

have certified to the treasurer in writing, supported by

the oath or affirmation of a majority of said directors,

that they sincerely believe in their certificate and

statement, that with the subscription by this act autho-

rised to be made to said company's stock, and with the

subscription which the city of Baltimore may have

made by virtue of an act, passed at December session,

of the year eighteen hundred and thirty-five of this as-

sembly, or that independently of any subscription by

any other public authority than the city of Baltimore,

as aforesaid, and of the cities of Pittsburg and Wheel-

Exclusive of

ing, and exclusive of any loan secured to it, exclusive

of all future profits and debts due by the company on

interest, the said Rail Road Company in their opinion

have funds sufficient to complete the said rail road from

the Ohio river, by way of, and through Cumberland,

Hagerstown and Boonsborough, to its present track

near to Harper's Ferry; and it is hereby declared to

be, and made the duty of the said company to, and they

shall so locate and construct the said road, as to pass

Accompanied by

through each of said places; which certificate of said

estimates of En-gineer's of total

directors shall be accompanied by an estimate or esti-

cost

mates of one or more skillful and competent engineers,

made out. after a particular and minute survey of the

route of said road by him or them, and verified by his

or their affidavit, shewing that the whole cost of said

work will not be greater than the amount of funds the

said directors shall certify to have been received by said

company, and applicable to the construction of the said

Forfeiture if not

road; Provided, that if the said Baltimore and Ohio

locating rond

Rail Road company shall not locate the said road in

the manner provided for in this act, then and in that

case they shall forfeit one million of dollars to the

State of Maryland for the use of Washington county.

Additional director for each 5000

SEC. 6. And be it enacted, That for each five thou-

shares

sand shares of the; stock of said rail road company,