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Session Laws, 1890
Volume 396, Page 51   View pdf image (33K)
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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




 

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Session Laws, 1890
Volume 396, Page 51   View pdf image (33K)
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