1849.

LAWS OF MARYLAND

CHAP. 498.

menced before or after such confirmation, or the pay-
ment of said valuation.

To provide wa-
gon ways.

SEC. 15. And be it enacted, That if the said com party
should neglect to provide Wagon ways across said road,
as required by the thirteenth section of this act, it shall
be lawful for any individual to sue said company, and
be entitled to such damages as a jury may think him or
her entitled to, for such neglect or refusal on the part of
the said company.

Declared a
public highway.

SEC. 16. And be it enacted, That the Cecil county
rail road, with the lateral ways, shall be deemed, and is
hereby declared a public highway, subject to the impo-
sition of tolls, to be hereinafter regulated by this act.

Rates of toll
prescribed.

SEC. 17. And be it enacted, That, the company shall
not be entitled to exact or receive any toll, exceeding the
rate of three cents a tort per mile, on all goods, mer-
chandise, or property of any description whatsoever,
transported on said rail road, or any lateral ways which
they may construct, and four cents per ton per mile, for
transportation, and also not exceeding four cents per
mile, for each passenger whom they may transport.

Dividends.

SEC. 18. And be it enacted, That the said president
and directors shall, annually or semi-annually, declare
and make such dividend as they may deem proper, of
the net profits arising from the resources of the said
company, after deducting the necessary current and
probable contingent expenses, and that they shall di-
vide the same amongst the stockholder of the said
company, in proper proportions to their respective

Proviso.

shores; provided, that the net profits shall not exceed
fifteen per centum on the amount of the cost of con-
struction of said rail road, and that if, at any time, there
shall be an excess over that rate, such excess shall be
forthwith paid into the State treasury, for the use of the
State.

Penalty for
injuring, etc.

SEC. 19. And be it enacted, That if any person or
persons shall wilfully, by any means whatsoever, in-
jure, impair or destroy any or any part of any rail road
constructed by said company under this act, or any of
the necessary works, buildings, carriages, vehicles
or machinery of said company, such person or persons
so offending, shall each of them, for every such offence,
forfeit and pay to the said company a sum not exceed-
ing one hundred dollars, which may he recovered in the
name of the said company, by an action of debt, before
any justice of the peace of Cecil county, and also shall
be subject to an indictment in Cecil county court, and
upon conviction of such offence shall be punished by
fine or imprisonment, in the discretion of the court.