PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1847.

accounts relating to the business of said 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 represented in said meeting.

CHAP. 300.

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 expe-
ditious manner, the said company and the presi-
dent ami directors thereof shall be and they are hereby
respectively invested with all and singular the rights,
powers, privileges, authorities, immunities and advanta-
ges for the surveying, locating, establishing and con-
structing a rail road and its necessary 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, or
on the Potomac river at or near the town of Cumberland
in this State, and for the using, preserving and controll-
ing in perpetuity the said rail road, its necessary vehi-
cles and appurtenances and every part thereof, or bor-
rowing money on the credit of the company for its law-
ful purposes, which by the act incorporating the Balti-
more and Ohio rail road company and its several sup-
plements were for the lawful purposes of said company
and the benefit of its corporators given, granted, au-
thorised and secured to said company and its pre-
sident and directors respectively, as fully and perfectly

To make roads
to connect the
works with the
Potomac river.

as if the same were herein severally repeated; provided,
that it shall not be lawful for the said Philadelphia Mining
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 hereafter 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 opi-
nion and judgment of the commissioners of Allegany
county, lor 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 upon said rail
road it shall be adapted in size and all necessary particu-

Provisoes.