1840.

LAWS OF MARYLAND.

CHAP. 214.

Invested with
rights, &c. of
Balt. and Ohio
rail road co.

with all and singular the rights, powers, privileges, autho-
rities, immunities and advantages, for the surveying, loca-
ting, establishing and constructing a rail road and its neces-
sary appurtenances, beginning the same at the mines of the
said company, and running to a convenient point or points
on the basin or canal of the Chesapeake and Ohio Canal
company, at or near the town of Cumberland in this State;
and for the using, preserving and controlling the said rail
road, its necessary vehicles and appurtenauces, and every
part thereof, or borrowing money on the credit of the com-
pany, for its lawful purposes, which by the act incorpora-
ting the Baltimore and Ohio Ohio Rail Road company, and
its several supplements, were for the lawful purposes of said
company, and the benefit of its corporators given, granted,
authorised and secured to said company and its president
and directors respectively, as fully and perfectly, as if the

Proviso.

same were herein severally repeated; provided, that it shall
not be lawful for the said Cumberland Coal and Iron com-
pany to occupy or use any portion of the lands that may be
necessary for the accommodation of the canal and works of
the Chesapeake and Ohio Canal company, or for the main
route of the Baltimore and Ohio Rail Road, or that may be
within the limits of either of the public roads there now ex-
isting, except to cross these roads, without injury to the

Right reserved
to connect any
road.

same; and provided also, that full right and privilege is
hereby reserved to the citizens of this State, or any compa-
ny now or hereafter to be incorporated under the authority
of this Slate, to connect with the rail road hereby provided
lor, any other rail road, if in the opinion and judgment of
the commissioners of Allegany county for the time being,
passed upon hearing of all the parties interested, no preju-
dice would be done by such connection to the rail road of

Rate of trans-
portation.

said company; and that the said company shall transport on
the said rail road at the rate, of one cent per ton per mile,
on all goods, merchandize or property of any description
whatsoever, transported on said Rail Road, or any lateral
way which they may construct, and also not exceeding two
cents per mile for each passenger transported on said road;

Proviso.

provided always, that when any car shall be placed on said
rail road, it he adapted in size and all necessary particulars
to said rail road, and shall run on said rail road in accord-
ance with the regulations of said company for running their
cars; and provided further, that the Legislature of this
State may at any time hereafter regulate, modify or change
the control, use and estate of said rail road, as shall be con-
structed under the authority hereby given, in such manner