E. LOUIS LOWE, ESQUIRE, GOVERNOR.
325
hundred dollars each, and that James Swann, Lafayette
Maynard, R. W. Latham and Duff Green, or any two
of them, may at such times and places as they deem
expedient, open books of subscription therefor, and receive
the lands of Duff Green and James Swann, or of
either of them, in payment for shares by them subscribed,
at rates by them to be agreed on, and the president
and directors for the time being, may from time to time
increase the capital stock as such increase may in their
opinion become necessary; Provided, the same shall
at no time exceed thirty thousand shares, over and beyond
the estimated value of the lands of the company,
and the shares of the said company shall be deemed and
held to be personal property, and assignable on the
books of the company in such manner as the by-laws
may direct; And provided, further, that the lands held
by the said company in payment for subscriptions or by
purchase as aforesaid, shall at no time exceed fifty thousand
acres, all lying and being in Allegany county.
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Provisoes.
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SEC. 4. And be it enacted,
That the said company
shall have the right and power to lay out, construct and
keep in repair such railway or railways, as they may
deem expedient, for the purposes of this corporation
within the limits of Allegany county, to connect their
land, mills, mines and manufactories with the Baltimore
and Ohio rail road; and the said company shall
have the right if they cannot agree with the owners
of any land, earth, gravel, stone or materials wanted
for the construction or repairs of their roads, for the
purchase, use or occupation of the same, or if the
owner or owners, or any of them, be a feme covert,
under age, non compos mentis, or out of the county,
application may be made to any justice of the peace for
Allegany county, who shall thereupon issue his warrant,
under his hand and seal, directed to the sheriff of said
county, requiring him to summon a jury of twenty inhabitants
of said county, not related to the parties, nor
in any wise interested, to meet on the land, or near to the
other property or materials to be valued, on a day named
in said warrant, not less than ten, nor more than twenty
days after the issuing of the same, and if at the same
time and place any of said jurors should not attend, the
sheriff shall immediately summon as many jurors as
may be necessary, with those in attendance, to furnish a
panel of twenty jurors and from them, each party, or
his, her or their agents; or if either be not present in
person or by agent, the sheriff, for him, or them, may
strike off four jurors, and the remaining twelve shall
act as a jury of inquest of damages; and before they
act as such, the said sheriff shall administer to each of
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Right to construct
railway.
Company to
have the right
if they cannot
agree with
owners of
lands, to have
jury of inquest.
Oath.
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