1836.

LAWS OF MARYLAND.

CHAP. 255.
Authority gran-
ted

hereafter be constructed, to apply to the county court,
the levy court, or to the commissioners of the county,
as the case may be, to lay out and open a public or
private road, or way from such mill, factory, distillery,
quarry or kiln to the most convenient place for inter-
secting such rail road; and upon any such application,
it shall be the duty of any county court, levy court, or

On examination

&c.

To open road.

county commissioners, having authority to open pri-
vate roads or ways in any of the counties of this State,
if after an investigation of the rights and interests of
all the parties concerned, they shall think proper to
proceed to have laid out and opened, a public or private
road or way from any such mill, factory, distillery,
quarry or kiln to any rail road as aforesaid in the same
manner as other public or private roads or ways may
be opened in any of the counties of this State respec-
tively.

Damages in
case of rail
tracks

SEC. 2. And be it enacted, That if any owner or
owners as aforesaid shall state in an application for a
private road or way, that it is his, her or their desire
to lay down thereon a: track or tracks of rail way, it
shall be the duty of the commissioners or other tribu-
nal, winch may be appointed to assess and value the
damages which any person or persons will sustain by
the opening of such road, to take into consideration the
additional damage, if any, which would be caused by the
construction of such rail way, track or tracks, and
also to determine the place or places at which crossings
shall be made over such tracks for the convenience of
the owners of the land on cither side of such private
way or road, and shall specify the same in their return
to the court or commissioners by whom they may have
been appointed.

Authority to
lay rail.

SEC. 3. And be it enacted, That when any private
road or way shall have been opened under the provi-
sions of this act, it shall and may be lawful for the
party or parties who may have applied for the same,
to lay down a track or tracks of rail way thereon, and
with the consent of any incorporated company or indi-

Connect

viduals, proprietors of any rail road to which such pri-
vate road may b'e opened, to connect such track or

Payment of da-
mages

tracks of private rail way with the same; provided
always, that the said party or parties shall have first
paid or tendered in payment to such persons as may be