560

LAWS OF MARYLAND.

railway upon the bed of the aaid Turnpike road,
with power also to alter the grade thereof,-, aod
they may construct their said railway aad. run
their cars thereon subject only to such regulations
and conditions as may be prescribed by said Turn-

Proviso.

pike Company; provided, however, that the rate
of fare to be charged by said Railway Company
shall not exceed the sum of five cents per passen-
ger for each mile or fraction of a mile betweea the
city of Baltimore and the terminus of the road.

Mode of pro-
ceeding in case
of condemna-
tion.

Sec. 7. And be it enacted, That in case the said
Company shall not be able to agree with the Pres-
ident and Managers of the Baltimore and Harford
Turnpike Company for the construction and estab-
lishment 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 em-
bankments upon a line running in the same gen-
eral direction with the said turnpike road, by the
most practicable route from the northeasterly lim-
its of the city of Baltimore to Bel Air, and for that
purpose, if the same be necessary or expedient, to
cross the said turnpike road and any other public

Proviso.

roads wherever the line of the said railway may
intersect the same; provided, that in case the con-
sent of the owner or owners of any ground to be
occupied by said railway cannot be obtained, that
the President and Directors of said Company may
agree with the owners of land for the purchase and
occupation of the land required for said road, and
also for the purchase 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 owners, 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 or
Harford counties, who shall thereupon issue his
warrant to the Sheriff of either of said counties,
commanding him to summon twenty disinterested
persons qualified to act as Jurors in the Circuit
Courts of Baltimore or Harford counties, as the
case may be, to meet upon the land, and after four
of the Jurors so summoned are stricken off the