144

LAWS OF MARYLAND.

sum not exceeding the rate of five cents per mile or fraction of a

mile for each passenger, and shall be authorized to construct its

railroad or any part thereof in such tunnel, under such ordinance

or ordinances as may be passed by the mayor and city council

of Baltimore, relating to the route of said railroad through the

Fare.

city of Baltimore, and the mode, terms and conditions of the

building and construction of said railroad within said city, and

said company shall be further authorized to issue its capital stock

and any increase capital stock which it may hereafter be entitled

to have in payment upon contracts for the construction or equip-

ment of its railroad, or in payment for work done or material

furnished therefor, upon such terms as may be agreed on between

the company, and such contractor or person doing work or

furnishing materials; aud it shall be lawful to provide by agree-

ment approved by a general meeting of the stockholders of the

company and recorded among the land records of Baltimore city,

that the stock so issued in payment or any part thereof shall have

such preference or priority over the rest of the capital stock of

the company or over subsequent mortgages and incumbrances or

both as the stockholders at said meeting may authorize, and shall

Have pre-
ference

be empowered to borrow from time to time, such sums of money

as may be necessary to construct, improve, equip and operate its

railroad; to issue bonds therefor to such amount, and dispose of

the same on such terms as its directors may determine; an'd to

mortgage its property, revenues and franchises, or any part thereof,

to secure the payment of any debt contracted for the purpose

aforesaid.

SEC. 2. And be it further enacted, That the said railroad com-

pany be and it hereby is authorized and empowered to connect its

tracks with those of any other railroad at any points upon its

Connect.

route, making such points its termini, if it should so desire and

to enter into agreements with any other railroad companies for

the use of its tracks and other property upon such terms as may

be agreed upon between it and such other companies, said com-

panies being hereby authorized to make such connections and

enter into such agreements; provided, however, that all the com-

panies making such connections shall be entitled to receive equal

privileges and terms and that no discrimination as to rate for

passengers and freight shall be lawful against any of such con-

necting companies.

SEC. 3. And be it further enacted, That in the exercise of the

powers of condemnation by said company for the acquisition of

property or land or any easement therein or right appurtenant

thereto for its said railroad within said city in the manner Pro-

vided by article twenty-three of the Code of Public General Laws

of the State of Maryland; the superior court of Baltimore city,

the court of common pleas, aud the Baltimore city court, and the