T. HOLLIDAY HICKS, ESQ., GOVERNOR.

1860.

ditions as may be prescribed by said turnpike com-
pany; provided however, that the rate of fare to be
charged by said railway company, shall not exceed
the sum of twenty cents per passenger between the
city of Baltimore and the village of Catonsville,
and fifteen cents per passenger between the village
of Catonsville and the village of. Ellicott's Mills,
and from said village of Ellicott's Mills to the vil-
lage of Clarksville, on the more practical route,
subject to the same restrictions and regulations
contained in the seventh section of this bill relating
to said road from Baltimore to Ellicott's Mills, in
the event of the consent of the president and man-
agers of the Baltimore and Frederick Turnpike
Company shall not be obtained.

CHAP. 34.

Proviso.

SEC. 7. And be it enacted, That in case the said
company shall not be able to agree with the presi-
dent and managers of the Baltimore and Frederick-
town Turnpike Company, for the construction and
establishment of their railway upon the bed of the
said turnpike road, then they shall be, and they
are hereby authorised to make and construct the
said railway of a width not exceeding sixty feet
with the necessary additions for excavations and
embankments upon a line running in the same gen-
eral direction with the said turnpike road, by the
most practicable route from the western limits of
the city of Baltimore, to the village of Catonsville,
and thence to the village of Ellicott's Mills and
Clarksville, and for that purpose if the same be
necessary or expedient to. cross the said turnpike
road and any other public roads wherever the line

Railway, if
not made on
the turnpike
road, may be
made on other
route.

of the said railway may intersect the same; Pro-
vided, that in case the consent of the owner or
owners of any ground to be occupied by said rail-
way, 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 requir-
ed 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 mentus, the said pre-
sident upon giving notice in writing of not less
than twenty days to the parties interested may ap-
ply to a justice of the peace of Baltimore or How-
ard counties, who shall thereupon issue his war-
9

Proviso.