WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 429

	CHAPTER 282.
	AN ACT to repeal section seventeen of the act of
	eighteen hundred and seventy-six, chapter two
	hundred and forty-two, relating to the crossing
	by railroads of roads and streams of water, and to
	re-enact the same with amendments.
	SECTION 1. Be it enacted by the General Assem-
	bly of Maryland, That section seventeen of the act
	of eighteen hundred and seventy-six, chapter two	Repealed and re-en&ct eo.
	hundred and forty-two, be and the same is hereby
	repealed, and the following is re-enacted in lieu
	thereof:
	SEC. 17. That it shall be lawful for such corpora-
	tion, whenever it may be necessary in the con-	Divert from
	struction of its road, to cross any road, highway or	present loca-
	stream of water to divert the same from its present	tion.
	or existing location or bed, provided it is not a
	navigable stream ; and it shall be lawful for such
	corporation, or for any railroad corporation hereto-
	fore incorporated under any general or special law,
	whose railroad now crosses or may hereafter cross
	any public or private road or highway, to carry said
	road or highway over its track by an overgrade	Overgrade or
	crossing, or to carry it under its track or tracks by	undergrade
	an undergrade crossing ; and to make such crossings	crossings.
	such corporations may divert any road or highway
	so crossed or to be crossed from its present or ex-
	isting location ; and for entering upon, taking or
	appropriating any buildings, gardens, yards or other
	lands which may be necessary for the new route and
	location of said road so diverted, said corporation
	may proceed as in case of land necessary for its rail-
	road under the powers given to it by law, but said
	corporation shall, without unnecessary delay, place
	such road or highway or stream in such condition
	as to not impair its former usefulness, and provided
	such corporation shall be liable for damage caused	Liable for
	by the diversion of any stream; and when said new	damages.
	road is properly laid out, completed and constructed
	by said company with such overgrade or undergrade