142
LAWS OF MARYLAND.
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aforesaid, their vendees and assigns shall have full
power to conduct and manage the business to be done
on said road by such agents and officers, as he or they
may deem necessary to appoint, which said purchaser
or purchasers, his or their vendees or assigns, their officers
and agents, shall be invested with the same rights,
privileges and powers, and be subject to the same duties
that are conferred and enjoined on the said company
and the officers and directors thereof, by the charter
and act of incorporation aforesaid, and all other acts
passed by the said States of Pennsylvania and Maryland,
in relation to the said rail road, and shall be vested
with all its rights and privileges and be subject to all
the restrictions now imposed upon said company by
said act of the General Assembly of this State, in respect
to tolls and freights and in respect to all other matters
embraced and contained in said last mentioned act;
and shall by said sale hold and enjoy the said road and
appurtenances, and all the said franchises, rights and
privileges, and all the property and rights of the former
stockholders in said rail road company, subject, however,
to all the conditions and provisions of said last
mentioned act, free, clear and discharged from all debts
and incumbrances whatsoever, the purchase money so
to be paid as aforesaid, to be divided and distributed pro
rata among the creditors of the said company, and to be
received by them, in full discharge of their respective
claims.
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Express condition
of sale.
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SEC. 5. And be it enacted,
That it shall not be lawful
for said purchaser or purchasers, their vendees or
assigns, (and said sale of said road and franchises is to
be made upon this express condition,) to use and occupy
the ground on which said rail road, in Washington
county aforesaid, is laid out for any other purpose
than that of accommodating the public by a rail road
in continuation of and connection with said portion of
said road in Pennsylvania, or to sell, destroy or remove
the iron rails, bridges, works and superstructure of the
present road, unless with a view to make repairs in the
same, and to relay the same with heavy and substantial
iron rails; and it shall be their duty so to relay said road
and adapt it to steam power, the so re-laying said road to
be commenced within two months, and to be completed
within eighteen months from the date of the ratification
of the sale provided for in the first section of this act;
otherwise all advantages derived from said sale to cease
to the purchasers, and all monies paid by them on the
sale, to be forfeited to the use of the creditors of said
Franklin Rail Road company; and said trustees shall
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