112

LAWS OF MARYLAND,

railway upon the bed of the said turnpike. r,oad,
with power also to alter the .grade thereof, and
they may construct their said railway and run
their cars thereon, subject only to such regulations

Proviso.

and conditions as may be prescribed by said turn-
pike company; provided however, that the rate pf
fare to be charged by said railway company, shall
not exceed the sura of twenty cents per passenger,
or five cents per mile, between the city of Balti-
more and. the village of Herring Run, and said
President and Directors of said company shall
have full power to establish the rates of fare for
all intermediate distances pro rata.

In case of
not being able
to agree with
Turnpike com-
pany.

Sec. 7. And be it enacted, That in case the said
company shall not be able to agree with the Presi-
dent and Directors of the Baltimore and Philadel-
phia Turnpike Company, for the construction and
establishment of their railway upon the bed of the
said turnpike road, then they shall be, and they
are hereby, authorized to make and construct the
said railway of a width not exceeding sixty feet,
with the necessary additions for excavations and
embankments, upon a line running in the same
general direction with the said turnpike road, by
the most practicable route from the eastern limits
of the city of Baltimore and along any of the streets
of said city, east of Broadway to the village of Her-
ring Run, and thence to the Alms house of Balti-
more city, and for that purpose, if the same be neces-
sary or expedient to cross the said turnpike road and
other public roads or streets of said city whenever

Proviso.

the line of the said railway must intersect the same;
provided, that in case the consent of the owner or
owners of any ground to be occupied by said rail-
way, cannot be obtained, that the President and
Directors of said company may agree with the
owners of land for the purchase and occupation of
land required for said road, and also for the pur-
chase of stone, gravel, earth or timber required in
the construction thereof, and in all cases where
they are unable to agree with such owner or own-
ers, or where he or they shall be a feme covert,
infant or non compos mentis, the said President
upon giving notice in writing of not less than
twenty days to the parties interested may apply to
a Justice of the Peace of Baltimore city or Balti-
more county; who shall thereupon issue his war-