116
LAWS OF MARYLAND.
Provisoes.
|
and in the event of the said president and directors
being
unable to agree with the owners of lands through which
the said improvement is intended to pass, for the right
of way and the site of their said work, the said president
and directors are hereby authorised and empowered to
condemn all such lands as may be necessary for the
construction of the said locks, dams, abutments, canals,
lock houses, rail road, embankments or other works or
appurtenances whatsoever, as is given to the Baltimore
and Ohio rail road company by its charter or by any
supplement thereto, and to the Chesapeake and Ohio
canal company by its charter or by any supplement
thereto; Provided, that no private property shall be
taken or condemned for the use of said company, without
just compensation as agreed upon between the parties
or awarded by a jury, is first paid or tendered to the
party entitled to such compensation; Provided further,
that in determining the amount of compensation which
ought to be made by said company to the party or parties,
through or upon whose lands such rail road or
canal shall be located and made, the jury shall make no
allowance or deduction on account of any real or supposed
benefit which the parties in interest may derive
from the construction of said rail road or canal; And
provided further, that all costs and expenses which
may accrue in consequence of the condemnation of any
lands or materials for the use of said rail road or canal,
shall be paid by said company.
|
To provide
cars, &c.
Proviso.
|
SEC. 6. And be it enacted,
That the rail road which
it shall locate and construct by this act, shall provide all
necessary means, cars and vehicles, and shall furnish
and provide the motive power, and be subject to all expenses
chargeable to transportation, and shall transport
all coal, minerals, metals, lumber, stock or other articles
or property whatsoever, that may be offered for
transportation, and full right and privilege is hereby reserved
to the citizens of this State, or any other company
or companies now existing or hereafter to be incorporated
under the authority of this State, to connect
any other rail road or rail roads, with the rail road if any
to be constructed by virtue of this act, in such manner
however that no injury shall be done to the same, and
the said company shall be authorised to change any
such citizen or company when using their own cars at
a rate not exceeding two cents per ton per mile, on all
coal or other commodities that may be transported on the
rail road hereby authorised if constructed; Provided,
however, that the cars or trains of other citizens or companies
when used upon the rail road hereby authorised
|
|
 |
