1836.

LAWS OF MARYLAND.

CHAP. 79.

sable; provided, the said Franklin Rail Road shall be so
constructed that said Rail Road shall pass within four

Provisos.

miles of the town of Hagerstown; and provided also,
that in the event of the Baltimore and Ohio Rail Road
or a branch thereof, being extended to said town and
no further West, or in a Westerly direction therefrom,
that then the said Franklin Kail Road or a branch
thereof shall be constructed to said town within one
year after the completion of the said Baltimore and
Ohio Rail Road or a branch thereof thereto, but in case
Hue Baltimore and Ohio Rail Road or a branch there-
of, shall be extended West of the said town, then the
said Franklin Rail Road Company shall have the right
and privilege of intersecting the same, at any point
within the four miles West, that they may deem most
advisable; and further provided, that the said Franklin
Rail Road shall not intersect the said Canal more than
half a mile West of Williamsport.

May hold es-
tale

SEC. 2. And, be it enacted, That the said company
shall be, and they are hereby authorised to acquire and
hold such lands and other property as may be neces-
sary for the construction of said road, and for the
establishment of such depots, warehouses, and other
buildings and conveniences as may be requisite for
the accommodation of trade and travel upon said road.

Acquire right of
way materials,
&c.

SEC. 3. And be it enacted, That for the purpose of
acquiring land and materials for the construction, re-
pair and maintenance of said Rail Road, it shall and
may be lawful for the president and directors of the
said company to agree with the owner or owners of
said land or materials, for the purchase of the same, or

Case of non-
agreement—
proceeding
directed

on failure to agree, or if the owner or owners be absent
or legally incompetent to contract, for any cause, the
president and directors of said company, in the cor-
porate name of the said company, shall and may apply
to any one of the judges of Washington county court,
or any justice of the peace of said county, setting forth
in a petition the said facts, with an affidavit or affir-
mation of the truth thereof thereto annexed, and the
said judge or justice shall issue at the cost of said com-
pany a precept or warrant to the sheriff of said county,
commanding him to summon twenty freeholders of said
county, not interested in any manner for or against
the location of said road, nor owning lands in its vi-