1(50 SURVEYOR AND STATE SURVEY. [ART. 91.

be along the route of the old Baltimore and Washington road,
the bed of which, so far as the same is vested in the State or
the several counties through which it. passes, is hereby dedi-
cated by way of easement or fee simple, as the case may be, to
the public use.

1906, ch. 312, sec. 2.

25 B. The building, grading and construction of said road
shall be under the direction and control of the State geological
and economic survey commission, but it shall in no place be
less than thirty feet nor more than sixty feet in width; and
wherever the said road as hereinafter laid down by said com-
mission shall pass through any incorporated towns, unless the
said towns shall grant an easement therefor over a street or
streets to said commission (as representatives of the State),
the said commission is authorized and directed to divert the
same so that it may pass around such town as may refuse to
grant an easement as aforesaid.

Ibid. sec. 3.

25 C. Whenever it shall become necessary from any cause
to acquire any lands for the purpose of constructing said road
which cannot be acquired by purchase or grant, the said
commission is hereby clothed with power to condemn, under
the right of eminent domain, as now conferred on railroad or
railway companies by article 23 of the Code of Public gen-
eral laws, title "Corporations, " or as may be conferred on such
corporations by any amendment to said article 23; this right
of condemnation to apply to gravel pits or quarries as well as
to land, and whenever it shall be necessary to cross any streams
the bridges over the same shall be constructed of permanent
materials and in a modern manner.

Ibid. sec. 4.

25 D. Whenever any railroad or railway company hereafter
constructed shall cross said road it shall be required to keep
its own roadbed and the bed of the said highway in proper
repair or else to have constructed an overhead or undergrade
crossing subject to the approval of the said commission or in
conformity to the provisions of article 23 of the code of public
general laws as to crossings of railroad companies in regard to
flagmen and electric bells; and the tracks of such railroads or