ART. 41. ] RAILROAD COMPANIES.

357

nation shall hare been made and confirmed, under this, or preceding
sections, the said condemnation shall be finally binding upon the com-
pany, unless within thirty days they elect to abandon said location.

12. If it shall be necessary, in the location of any part of any
railroad, to occupy any road, street, alley, or public way, or ground
of any kind, or any part thereof, it shall be competent for the mu-
nicipal or other corporation, or public officer, or public authorities,
owning or having charge thereof, and the railroad company to agree
upon the manner and upon the terms and condition upon which the
same may be used or occupied; and if said parties shall be unable
to agree thereon, and it shall be necessary, in the judgment of the
directors of such railroad company, to use or occupy such road,
street, alley, or other public way or ground, such company may
appropriate so much of the same as may be necessary for the pur-
poses of such road, in the same manner and upon the same terms

Id s 13
Agreement of
municipal au-
thorities to use
of streets, etc.

as is provided for the appropriation of the property of individuals
by the tenth section thereof, provided, that every railroad company
laying down any such track or tracks upon any such public street,
road, alley, or other public ground, shall be responsible for injuries
done to private property by such location, lying upon or near to
such public ground, which may be recovered by civil action brought
by the owner or owners at any time within two years from the com-

Proceeding in
case of non-
agreement.

pletion of such track or tracks, before the proper court, and pro-
vided, that no railroad company shall be allowed to pass through the
city of Baltimore without the consent of the municipal authorities.

Provisos

13. Such corporation may demand and receive for the trans-
portation of passengers on said road, not exceeding three cents per
mile, and for the transportation of property on said road, other than
coals, ores, or other minerals, not exceeding five cents per ton per
mile; but that such corporation shall not demand or receive, for the
transportation of coals, ores, or other minerals, a rate exceeding one
and a half cents per ton per mile.

Id s 14
Bates for
transportation.
46 Md 13.

14. Such company shall have power to borrow money on the
credit of the corporation, not exceeding its authorized capital stock,
at a rate of interest to be agreed upon by the respective parties,
and may execute bonds or promissory notes therefor, in sums of
not less than one hundred dollars, and, to secure the payment
thereof, may pledge the property and income of such company.

Id s 15
Power to
borrow money

15. Such company may acquire, by purchase or gift, any lands
in the vicinity of said road, or through which the same may pass,
so far as may be deemed convenient or necessary by said company,
to secure the right of way, or such as may be granted to aid in the
construction of such road, and the same to hold or convey in such

Id s 16
Power to
acquire adjacent
lands

manner as the directors may prescribe; and all deeds and convey-
ances made by such company shall be signed by the president, under
the seal of the corporation.

Deeds, how
signed and
sealed

16. It shall be lawful for such corporation, whenever it may be
necessary in the construction of such road to cross any road or
stream of water, to divert the same from its present location or bed,

Id s 17
Construction of
railroad across
road or stream