ELIHU E. JACKSON, ESQUIRE, GOVERNOR. 51
|
canal as may be necessary or convenient for said corporation to
|
|
|
|
possess and shall also have the powers of purchase and condemnation
|
|
|
|
of lands, property or estate, real or personal, which it may reason-
|
|
|
|
ably require for its purposes which are conferred by the Code of
|
|
|
|
Public General Laws, article twenty-three, title "Corporations,"
|
|
|
|
sub-title "Railroad Corporation," and in addition to the powers
|
|
|
|
conferred by said Code it shall have power to alter the grade of
|
|
|
|
any public or private road which its railroad may cross.
|
|
|
|
SEC. 4. And be it further enacted, That said corporation shall
|
|
|
|
grant to the Western Maryland railroad company the right to
|
|
|
|
connect with its railroads and to interchange cars of said Western
|
|
|
|
Maryland railroad company over its tracks upon the same terms
|
|
|
|
which may be granted by said corporation to the most favored
|
|
|
|
customer, and said corporation shall transport freight and passen-
|
Pro rata.
|
|
|
gers received from or destined to said Western Maryland railroad
|
|
|
|
company at the same rates pro rata as those charged by it upon
|
|
|
|
its own road, so that the freest exchange of transportation, both
|
|
|
|
of freight and passengers between said company shall always be
|
|
|
|
maintained at uniform and equal rates pro rata upon the roads of
|
|
|
|
both of said companies.
|
|
|
|
SEC. 5. And be it enacted, That said corporation shall at no time
|
|
|
|
be owned or controlled by any railroad company owning or opera-
ting a competing parallel or nearly parallel road, nor shall it be
|
|
|
|
lawful for any such railroad company to purchase, acquire or hold
|
Ownership-
|
|
|
any of the stock of said Washington and Cumberland railroad
|
|
|
|
company, and any acquisition by any such company of any part
|
|
|
|
of said stock shall be absolutely void.
|
|
|
|
SEC. 6. And be it enacted, That in case any of the holders of
|
|
|
|
bonds issued under the act of eighteen hundred and forty-four,
|
|
|
|
chapter two hundred and eighty-one, shall fail or refuse to accept
|
|
|
|
the pro rata share of the sum provided to be paid by the said
Washington and Cumberland railroad company to the treasurer of
|
Liens
|
|
|
the State for the redemption of their said bonds in the act men-
|
|
|
|
tioned in section three of this act, or for any other cause in the
|
|
|
|
discretion of said president and directors of said company, it shall
|
|
|
|
be lawful for the said Washington and Cumberland railroad com-
|
|
|
|
pany or its attorney or attorneys duly constituted according to
|
|
|
|
law as the assignee of the mortgages executed by said Chesapeake
|
|
|
|
and Ohio canal company and of the other liens created by said
|
|
|
|
company, to proceed to sell at public sale the whole of said Chesa-
|
|
|
|
peake and Ohio canal and all of its property, works and water-
|
|
|
|
rights under said mortgages and other liens upon giving ninety
|
|
|
|
day's notice of the time and place and terms of sale to the highest
|
|
|
|
bidder, at which sale it shall be lawful for said Washington and
|
Sale.
|
|
|
Cumberland railroad company to purchase said mortgaged prop-
|
|
|
|
erty; such sale shall be reported to the circuit court of any of the
|
|
|
|
counties of Allegany, Washington, Frederick or Montgomery for
|
|
|