PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1847.

company from officers and agents in their employment,
and may also dismiss any directors and appoint others
in their stead; provided always, that a majority in
amount of stock of all the stockholders be repre-
sented in said meeting.

CHAP. 297.

Proviso.

SEC. 6. And be it enacted, That for the purpose
of enabling the said company to transport the produce
of the mines and the produce of the country through,
which their rail road shall pass in the cheapest and most
expeditions manner, the said company and the president
and directors thereof shall he and they are hereby respec-
tively invested with all and singular the lights, powers,
privileges, authorities, immunities and advantages lor
the surveying, locating, establishing and constructing a
rail road and its necessary appurtenances, beginning the
same at the mines of the said company and run-
ning to a convenient point or points on the basin
or canal of the Chesapeake and Ohio Canal Com-
pany, or on the Potomac river, at or near the town of
Cumberland, in this State, and for the using, preserving
and controlling in perpetuity the said rail road, its neces-
sary vehicles and appurtenances and every part there-
of, or borrowing money on the credit of the company for
its lawful purposes, which by the act incorporating the
Baltimore and Ohio rail road company and its several
supplements, were for the lawful purposes of said com-
pany and the benefit of its corporators given, granted,
authorised and secured to said company and its presi-
dent and directors respectively, as fully and perfectly as

To construct
road and keep
the same in
repair.

if the same were herein severally repeated; provided,
that it shall not be lawful for the said Frederick Coal
and Iron company 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 existing, except to cross
these roads without injury to the same; and provided
also, that full right and privilege is hereby reserved to
the citizens of this State, or any company now or here-
after to be incorporated under the authority of this
State, to connect with the rail road hereby provided for
any other rail road, if in the opinion and judgment of
commissioners of Allegany county, for the time being,
passed upon full hearing of all the parties interested, no
prejudice would be done by such connection to the rail
road of said company; provided always, that when any
car shall be placed on said rail road it shall be

Provisoes.