JOSEPH KENT, ESQUIRE, GOVERNOR

1827

tract with the owner of such ground, or in the manner autho-
rised by the original charter hereinbefore referred to; and in
locating and constructing the said rail road, and preserving,
repairing, and protecting the same from injury, the said di-

CHAP. 207

rectors shall be entitled to exercise all the powers and autho-
rity vested by the aforesaid act of incorporation, passed at
November session, in the year eighteen hundred and nine,
chapter sixty -four, and by the act of December session, eigh-
teen hundred and fifteen, chapter nine, in the president, mana-
gers and company, in the said acts mentioned, so far as they
are not inconsistent with the provisions of this act.

Powers of former
company granted

SEC. 5. And be it enacted, That it shall be the duty of the
said New-Castle and Frenchtown Tuinpike and Rail Road
Company, to keep open and in good repair at least twenty
feet in breadth of the turnpike road aforesaid, from French-
town to New-Castle, subject to the same penalties for neglect,
and entitled to the same tolls prescribed and allowed by the
acts of Assembly hereinbefore mentioned; and whenever, in
the construction of the rail road authorised by this act, it
shall be necessary to cross or intersect any established road
or way, it shall he the duty of the directors of the said compa-

Required to keep
up former Turm-
pike road

ny so to construct the said rail road across such established
road or way, as not to impede the passage or transportation of
persons or property along the same, or where it shall be ne-
cessary to pass through the land of any individual, it shall al-
so be the duty of the said directors to provide for such indivi-
dual proper wagon ways across said rail road; and if any road
shall be hereafter authorised by the legislature or courts of
this state, the direction of which shall lead across the rail road
hereby authorised, it shall be the duty of the company in this
act mentioned, so to construct or alter that part of the rail
road as shall permit the passage of any road hereafter to be
allowed by the legislature or courts of this state, at the expense
of the county or person opening the same.

Crow ways, fee
provided for

SEC. 6. And be it enacted, That the said directors may
procure and use on any rail road which shall be constructed
by them in virtue of this act, all machines, wagons, carriages
and other vehicles, which they may deem proper or necessa-
ry, for the purposes of transportation on said road, and they

Authorised to use
machines, &c

shall have power to charge and receive as tolls tor using the
said road, not exceeding three cents per ton per mile; for the

Celiect tolls

transportation of passengers, not more than twenty-five cents
each for the whole distance, including customary baggage, not
exceeding one hundred pounds weight for each; for transport-
ing the whole distance any trunk, box, bale, basket or package,
not being the baggage or part of the baggage of a passenger,
and not exceeding one hundred pounds weight, twelve and an
half cents; and it shall not be lawful for any other company,
or any person or persons whatsoever, to travel upon or use any
part of the said rail road, or to transport persons, or proper-
ty of any description thereon, without the license or permis-
sion of the said directors.

Rate of tolls