1847.

LAWS OF MARYLAND.

CHAP. 314.

and the president and directors thereof shall be and
are respectively invested with all and singular the rights,
profits, powers, privileges, authorities, immunities and
advantages for the surveying, locating, establishing and
constructing a rail road or railroads with the necessa-
ry appurtenances, beginning the same at or near the
mines of the said corporation, and running to a con-
venient point or points at or near the town of Cum-
berland, or to such other point or points as may best
suit the convenience and interest of said corporation,
and for the using, preserving and controlling the said
rail road or rail roads and the necessary vehicles and
appurtenances thereto belonging, and every part, thereof,
which by the act, and more particularly the fifteenth
section thereof, incorporating the Baltimore and Ohio
rail road company and its several supplements, were for
the lawful purposes of paid company and the benefit of
its corporators given, granted, authorised and secured
to the said company, and in the president and directors
respectively, as fully and perfectly as if the same were

Provisoes.

herein 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 ac-
commodation of the canal and works of the Chesapeake
and Ohio canal company, or for the main route of the
Baltimore and Ohio railroad, or that may he 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 or rail roads here-
by provided for or any other rail road, if in the opinion
and judgment of the commissioners of Allegany coun-
ty, for the time being, passed upon hearing of all par-
ties interested, no injury would be done by such connec-
tion to the mil road of the said corporation, and that the
said corporation shall transport on its said rail road or rail
roads all persons and properly at the same rates of toll
and prices of transportation as the Baltimore and Ohio
rail road company are or shall be by law allowed to
charge and receive; provided however, that, in all cases
where a connexion is formed between the rail road
or rail roads of any other corporation or citizens
of this State, the cars to be used in the transporta-
tion of persons and property shall be adapted in size
and all necessary particulars to the rail road or rail
roads of the said Philadelphia Mining company; and