JOHN WALTER SMITH, ESQ., GOVERNOR.

313

CHAPTER 203.
AN ACT repealing Chapter 171 of the Acts of the General
Assembly of Maryland of the year 1894, and re-enacting
same with amendments.

CHAP. 203.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That chapter 171 of the Acts of the General
Assembly of Maryland, of the year 1891, be and the same is
hereby repealed and re-enacted with amendments, to read ag
follows :

Repeal and
re-enact.

SEC. 2. And be it enacted, That the Baltimore and Liberty
Turnpike Company, and such other persons or corporations to
whom the privilege of laying tracks upon said turnpike road
have been or shall hereafter be granted by it, (the said Balti-
more aiid Liberty Turnpike Company,) to lay down upon said
road a railway or railways, be and they are hereby authorized
to use for the propulsion of cars on their said railway tracks,
in Baltimore county or in Baltimore city, any motive power or
system of traction whatever, which has been or may hereafter
be authorized to be made use of in the city of Baltimore by
any other corporation exercising street railway franchise
therein ; provided, that in all cases where a cut is made in the
bed of said turnpike road, proper guards or rails shall be
erected along the edge of said cuts, so as to prevent accidents
to persons using: the said turnpike road, with teams or other-
wise ; and provided further, that if the company or individuals
obtaining the right to lay tracks along said road, as herein
provided, shall fail to agree with the said Baltimore and
Liberty Turnpike Company as to such use of said turnpike
road or construction of the said railway, such company is
hereby authorized and empowered to acquire the easement
and estate in said turnpike road necessary tor the exercise of
the rights herein provided for, by proceedings of condemna-
tion in the manner provided for under the 248th and succeed-

Authorized to
use any
motive power
or system
of. traction.

ing sections of Article 23 of the Code of Public General
Laws, sub-title "Condemnation of Property by Corporations ;"
and provided further, that all damages awarded the said turn-
pike company as compensation for the use of said road under
said condemnation proceedings, shall be distributed pro rata
among the respective stockholders of the said Baltimore and
Liberty Turnpike Company.

SEC. 3. And be it further enacted. That this Act shall take
effect from the date of its passage.

Approved April 8, 1902.

How
damages
shall be
distributed.