1836.

LAWS OF MARYLAND.

CHAP. 79.

Tolls prescribe,

provided, and as soon as any portion of said road shall
be completed, tnider and by virtue of this act, the com-
pany completing the same, shall be empowered and en-
titled to charge and take tolls for freight and transpor-
tation thereon at the rates now allowed by the charter
of the said Baltimore and Ohio Rail Road Company;
provided, that it shall not be lawful for the said com-
pany, to reduce the tolls on their said road below the
tolls charged on the B alii more and Ohio Rail Road,
Cast or west of the point of junction of the said road
therewith, and in case the said company should, at any
time charge tolls less than the tolls last aforesaid, ex-
cept in the article of coal, the actual produce of the
mines of Maryland, and in the article of lumber, the
Legislature reserves the right and power to annul and
revoke all and singular the rights and privileges here-
by granted; provided always, said railroad shall be so

Restrictions, B
&. O. R. R.C

constructed as not at any time to obstruct or impede
the free use and passage of the Baltimore and Ohio
Rail Road, or of any public road which it may pass
along or intersect; and provided also, that the right of
the Baltimore and Ohio Rail Road Company to occupy
such and so much land as may be necessary for the
construction of its road, in case it shall be extended
westerly beyond Williamsport along the ravine of the
Potomac, or between Hagerstown and Williamsport,
and the North Mountain, in the ravine of said river,
be, and the same is hereby reserved as a prior right,
notwithstanding the actual prior construction of the

Crossing high-
ways, &c.

Franklin Rail Road; and provided also, that whenever
the said Franklin Rail Road, shall cross any one of
the public highways of Washington county, it shall be
the duty of said company so to locate and construct
their road as to make the same public highways capa-
ble of being travelled with facility and convenience by
the public; and provided also, that whenever the said
road shall be located through the land of any indivi-
dual, it shall be the duty of said company to provide
for such individual at least one convenient wagon way
from one part of his land to another.

Penalty for da-
maging

SEC. 5. And be it enacted, That if any person or per-
sons shall wilfully and maliciously, by any means in-
jure or destroy any part of the road hereby authorized
to be constructed, or any of the works, buildings, ve-