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228
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LAWS OF MARYLAND.
or shall hereafter be granted by it, the said Baltimore and
Liberty Turnpike Company, to lay down upon said turnpike
road or 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 here-
after be authorized to be made use of in the city of Baltimore,
by any other corporation exercising street railway franchises
therein. Provided, that any such company having or here-
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Tracks on
Liberty turn-
pike road,
how to be
laid.
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after obtaining the right to lay tracks on and along such turn-
pike road as aforesaid, shall lay down such tracks along the
side of the said turnpike road as it now exists, and not less
than six feet from the portion thereof required by the charter
of the. said Baltimore and Liberty Turnpike Company to be
macadamized; and provided further, that in the construction
of the said railway hereby authorized to be constructed, no cut
or fill shall be made more than six feet in depth or height, and
that all approaches to the said turnpike road as now existing
disturbed by the construction of said railway, shall be cut
down or filled in, so as to conform to the level of said road,
the power to make such alterations being hereby given any
company exercising the rights herein provided for; and pro-
vided further, that in all cases where a cut is made in the bed
of the said turnpike road, proper guards or rails shall be erected
along the edge of said cut so as to prevent accidents to persons
using the said turnpike road with teams or otherwise; 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
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Power of con-
demnation.
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road necessary for the exercise of the rights herein provided
-for, by proceedings of condemnation in the manner provided
for under the 248th and succeeding 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 turnpike 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.
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