ROBERT M. McLANE, ESQUIRE, GOVERNOR.

299

municipal taxation, upon its said Philadelphia Branch

Railroad, together with all buildings and other works

to be constructed and used in connection with the

same; and that its said elevated railroad and tunnel

property, forming parts of said branch railroad, shall

Elevated rail-
road to bo as-

be valued and assessed in the same manner as any

sessed.

bridges forming parts of railroads, and tunnels con-

nected with railroads, are now by law directed to be

valued and assessed for purposes of taxation; and

provided further, that said company shall be responsi-

Responsible for
injuries.

ble for injuries done to any private property binding

on any street in the city of Baltimore along which

said branch railroad shall be constructed; and the

damages for such injuries may be recovered by civil

action, brought by the respective owner or owners of

such private property, at any time within three years

after the completion of said branch railroad in the

said city of Baltimore; but one action only shall be

brought in respect to the injuries done to any parcel

of private property owned by one or more than one

person or corporation; and in the ascertainment of

said damages, the benefits, if any, to said property,

Benefits to be
considered.

shall be considered, and no damages shall be given

unless the same shall be found to exceed said benefits ;

provided also that the owner or owners of any pro-

perty so binding on any street in said city, along

which said branch railroad shall be constructed, shall

have the right to require said railroad company to

Require to pur-
chase.

purchase and accept such property at its present tax

assessment, upon waiver of till claim or claims for

damage; but such owner or owners shall exercise

such option to require said company to accept said

property within six months after notice given by the

railroad company of its intention to locate said rail-

road along such street; said notice to be given by

publication in some daily newspaper, printed and
published in the city of Baltimore, at least once a

Publish notice.

week for four successive weeks.

SEC. 2. And be it further enacted, That said com-

pany, in constructing its said road upon the route

to be selected by it, as provided in the first section of

this act, may construct a surface road from the west

Construct sur-

side of Patterson Park avenue to Cannon street, de-

face road.

pressing Burke street not exceeding four (4) feet, and

raising Cannon street not exceeding six (6) feet, at

the crossings of said streets; said company shall