1828.

LAWS OF MARYLAND.

CHAP. 139.

substances, before such alteration is made; and that it shall
not be necessary, after such view, in order to the use or oc-
cupation of the same to wait the issue of the proceedings
upon such view; and the inquest of the jury, after confir-
mation, and after payment or tender of the valuation, shall
be a bar to all actions far using or taking such property,
whether before or after such confirmation, or the payment
of such valuation.

Machines wagons

&c to be purchas-

ed. Tolls

Sec. 14. And be it enacted, That the said president and
directors, or a majority of them, shall have power to pur-
chase, with the funds of said company, and place on any
rail road constructed by them under this act, all machines,
wagons, vehicles, or carriages of any description whatsoe-
ver, which they may deem necessary or proper for the pur-
poses of transportation on said road; and they shall have
power to charge for the tolls upon (and the transportation of,)
persons, goods, produce, merchandise, or property of any
kind whatsoever, transported by them along said rail road,
any sum not exceeding the following rates: For the transpor-
tation of passengers five cents per mile for each passenger,
including the customary baggage; provided the charge for a
passenger shall in no case exceed the sum of two dollars on
the whole route; on all coal, plaister of paris, lime and ore,

cent per mile for transportation; and on all other goods,
produce, merchandise, or property of any description what-
soever, transported by them, not exceeding one cent a ton
per mile for toll, and three cents a ton per mile for transpor-
tation; and it shall not be lawful for any other company, or
any other person or persons whatsoever, to travel upon, or
use any of the roads of said company, or to transport per-
sons, merchandise, produce, or property of any description
whatsoever, along said road, or any of them, without the li-
cense or permission of the president and directors of said
company; and the said road, with all their works, improve-
ments and profits, and all the machinery of transportation
used on said road, are hereby vested in said company and
their successors, forever; and the shares of the capital stock

Proviso

of said company shall be deemed and considered personal
estate; but all property, except the road and the carriages
used thereon, which may be held by said company, shall be
subject to taxation as the property of a like kind held by
citizens of this state.

Annual profits not

to exceed ten per

cent. Excess

Sec. 15. And be it enacted, That the clear annual pro-
fits of the company hereby incorporated, shall in no one
year exceed ten per centum upon the amount of the costs
of the construction of said road, and that if at any time
there shall be an excess over that rale, such excess be
forthwith paid into the state treasury for the use of the state,
and the receipt of the treasurer of the western shore taken