FRANK BROWN, ESQUIRE, GOVERNOR.

301

Harford Turnpike Company, and to construct and operate a
double track passenger railway upon the said turnpike road,
and to enter into contracts with the said turnpike company in
respect to said matters, which contracts the said turnpike
company is hereby authorized and empowered to make; pro-
vided, that the said railway company, in exercising the power
hereby conferred in constructing and operating the said rail-
way, shall avoid, as far as practicable, interfering with the
ordinary travel on said turnpike, and that a sufficient portion
of the said turnpike, say twenty-five feet, shall be preserved as
a driveway; and provided further, that whereon said railway
track or tracks shall be constructed in the middle of said turn-
pike, the said track or tracks shall be laid with flat tram girder
rails, and the space between the said tracks, and for two feet
outside same, shall be paved and kept in repair by the said
railroad company.

May use turn-
pike.

SEC. 2. And be it enacted, That if the said Baltimore City
Passenger. Railway Company shall fail to agree with the said
Baltimore and Harford Turnpike Company as to such use oi
said turnpike road or construction of said railway, then the
said Baltimore City Passenger Railway Company shall be and
it is hereby empowered to acquire the easement and estate in
said turnpike road, necessary for the exercise of the said rights
in the first section of this act mentioned, by condemnation
proceedings under the two hundred and forty-eighth and the
succeeding sections of article twenty-three of the Code of
Public General Laws, sub-title "Condemnation of Property by
Corporations ;" provided, that if any application shall be made
by the said railway company under the said sections of the
Code aforesaid, to acquire right to use any part of the said
turnpike road lying wholly in the city of Baltimore, such
application may be made to any judge of the Supreme
Bench of Baltimore city; and if for the use of any part
of the said turnpike road lying wholly in Baltimore
county, the application may be made to any judge of the
Circuit Court of Baltimore county; and if for the use of
a part of said turnpike road lying partly in Baltimore city and
partly in Baltimore county, it may be made either to any
judge of the Supreme Bench of Baltimore city or to any judge
of the Circuit Court for Baltimore county, as the said railway
company may elect; and subsequent proceedings shall be
accordingly, and as provided in the said sections under said
sub-title of article twenty-three of the Code aforesaid, and the
warrant be directed to the sheriff of Baltimore city or to the

Power of con-
demnation.