830 LAWS OF MARYLAND. [Ch. 564]

ized, and if the whole of said railway and works shall not bo
constructed the charter of said company hereby incorporated
shall not be forfeited, but shall remain in full force and valid-
ity and operation as to the part of said railway constructed and
operated by it.

SEC. 10. And be it further enacted, That the directors of
the said company may cause to be made, constructed and
equipped and may contract with others to make, construct and
equip the said railway, works, appurtenances and things hereby
authorized, and all work which may be necessary for the proper
completion and operation of the said railway, and may acquire
land, earth, stone, gravel, timber and other material required
for any of the purposes aforesaid by agreement with the owner
or owners of any land, earth, stone, gravel or other materials
or water rights, or any improvements wanted for the construc-
tion or repair of said railway or its works, for the purchase,
or. use, or occupation of the same, and in case it does not agree
with said owner or owners, or if the owner or owners, or any
of them, be a feme covert, or under age, or non compos mentis,
or out of the county in which the property required may be
or lie when such land or materials shall be needed, the said
company may proceed to condemn and acquire the use of the
same for the purposes of said railway, or for the purposes of
the motive power thereof, in the manner provided by the Code
of Public General Laws, Article 23, as far as the same may bo
applicable, and may condemn lands, easements, rights of way,
materials and privileges for the purposes of the company in the
manner aforesaid.

SEC. 11. And be it further enacted, That the said company
shall enjoy and have all the general powers, provisions and
privileges and be subject to the general regulations contained
in Article 23 of the Code of Public General Laws of this State,
so far as the same may be necessary and proper to enable it to
exercise the powers hereinbefore granted.

SEC. 12. Provided that nothing in this act is to be con-
strued as permitting the company herein incorporated to con-
struct or build any railway or railroad tracks within the cor-
porate limits of any incorporated town or towns herein men-
tioned, without the consent and approval of the municipal
authorities; and provided further that said corporation before
commencing work or construction upon any portion of any state
road or roads included in the State Road System, constructed or
adopted as a part of the State Roads System, shall apply to the
State Roads Commission for a permit to construct its lines and