PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1847.

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
expeditious manner, the said company and the presi-
dent and directors thereof shall be and they are hereby
respectively invested with all and singular the rights,
powers, privileges, authorities, immunities and advan-
tages for the surveying, locating, establishing and con-
structing a rail road and its necessary appurtenances,
beginning the same at the mines of 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 Slate, and for
the using, preserving and controlling in perpetuity the
said rail road, its necessary vehicles and appurtenances
and every part thereof, 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 law-
ful purposes of said company, and for the benefit of its
corporators given, granted, authorised and secured to
said company and its president and directors respec-
tively, as fully and perfectly as if the same were herein

CHAP. 306.
Authority to
make road.

severally repeated; provided, that it shall not be lawful for
the said Withers' 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 Chesa-
peake and Ohio canal company, or 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 opin-
ion and judgment of the commissioners of Allegany
county for the time being passed upon full hearing of all
the parties interested, no prejudice would be done by
such connexion to the said rail road of said company,
provided always, that when any car shall be placed on
said rail road, it be adapted in size and all necessary
particulars to said rail road, and shall run on said rail
road in accordance with the regulations of said compa-
ny for running their cars, it shall be lawful for said com-
pany to charge, demand and receive for nil persons and
property transported on the said rail road which they are
authorised to construct from their mines to the canal, the

Provisoes.