E. LOUIS LOWE, ESQUIRE, GOVERNOR.

1852.

of all the engineers, officers, agents or servants, in the
employ of said company, and to determine by their
bye-laws the manner of adjusting and settling all ac-
counts against the company, and also the manner and
evidence of transfer of stock in said company, and that
they, or a majority of them, shall have power to pass
all bye-laws which they may deem necessary or proper,
for exercising all the powers vested in the company
hereby incorporated, and for carrying the objects of this

CHAP. 309.

not into effect; Provided only, that such bye-laws shall
not be contrary to the laws of this State, or any of the
provisions of this act.

Proviso.

SEC. 12. And be it enacted, That the said president
and board of directors of said company, or a majority of
them, may construct and repair a rail road from some
point on the Chesapeake bay, such point not to be fur-
ther south than Rockhall, in Kent county, or one of the
rivers flowing into said bay, to the dividing line be-
tween the States of Maryland and Delaware, that they
may contract for the making of the said rail road, and
may, with their agents, enter upon, use and excavate
any lands they may need for the site of the said road,
or the erection of warehouses or other works necessary
to said road, and may build bridges, fix scales and
weights, lay rails, take and use any earth, timber, gra-
vel, or other materials, for the construction or repair of
any part of said work, and may make, and construct
or erect all works necessary for the completion of said
road; and may, also, own and employ steamboats and
other vessels, to connect said road with Baltimore;

Powers of pre-
sident and di-
rectors in re-
gard to con-
struction of
road.

Provided, nothing herein contained shall be so con-
strued as to authorise said company to take private pro-
perty for their use, without the compensation as
agreed upon between the company and owners of such
private property, or awarded by a jury, as hereinafter
provided, being first paid or tendered to the parly enti-
tled to such compensation.

Proviso.

SEC. 13. And be it enacted, That the president and
directors of said company, or a majority of them, or
their agents, may agree with the owner or owners of
any land, earth, timber, gravel or other materials, or
any improvements for the construction or repairs of said
road or its works, for the purchase, or use and occupa-
tion of the same, and in case they cannot agree, or if
the owner or owners, or any of them, be a feme covert,
under age, non compos mentis, or out of the county in
which the property wanted may be, when such land or
materials may be needed, on application to a justice of
the peace of such county, he shall issue his warrant,
under his hand and seal, directed to the sheriff of said

Property to be
condemned.