THOMAS SWANN, ESQUIRE, GOVERNOR.

133

Sec. 2. And be it enacted, That the said Presi-
dent and Directors of the said Washington County
Railroad Company, or a majority of them, shall
have power to charge for the transportation of all
goods, produce, merchandise or property, of any
description whatsoever, transported by them upon
their said railroad, and for the transportation of
passengers thereon, the same rates which the Bal-
timore and Ohio Railroad Company is authorised
to charge for the transportation of goods, produce,
merchandise or property, and tor the transporta-
tion of passengers upon the main road of the said
Baltimore and Ohio Railroad Company; and. that
the said Washington County Railroad Company
shall have and exercise, in the survey, location,
construction and use of the sail railroad, and other-
wise, all the powers, rights, privileges and immu-
nities which the Baltimore and Ohio Railroad Com-
pany was and is authorized to have and exercise in
relation to its railroad from the city of Baltimore
to the Ohio river.

Rates.

Sec. 3. And be it enacted, That whensoever it shall
be necessary for said company to have, use or oc-
cupy any lands, materials or other property, in
order to the construction or repair of any part of
said road or roads, or their works or necessary
buildings, the President and Directors of said com-
pany, or their agents, or those contracting with
them for making or repairing the same, may im-
mediately take and use the same, they having first
caused the property wanted to be viewed by a jury
formed in the manner hereinbefore prescribed in
those cases where the property is to be changed or
altered, admixture with other substances before such
alteration is made, and that it shall not be neces-
sary after such view, in order to the use or occupa-
tion of the same, to wait the issue of the proceed-
ings upon such view; and the request of the jury
after confirmation, and after payment or tender of
the valuation, shall be a bar of all actions for ta-
king or using such property, whether commenced
before or after such confirmation, or the. payment
of such valuation.

Property to
be viewed by
jury.

Sec. 4. And be it enacted, That all parts of the
original act, to which this is a supplement, that
may be inconsistent with the provisions of the

Repealed.