1852.

LAWS OF MARYLAND.

CHAP. 322.

Provisoes.

lines of canals and rail roads; Provided, that the said
company shall return the empty cars of such citizens,
or companies, to the point or points from whence they
started, free of charge; And provided further, that
no car shall be placed on any rail road of any com-
pany as aforesaid, unless they he adapted in size, and
all necessary particulars, to said rail road, in accord-
ance with the regulations of the said company, which
shall, at all times provide the necessary motive power
for running said cars, and the said cars shall be in the
exclusive care and charge of the said company, whilst
on its rail road.

Length of
road.

SEC. 23. And be it enacted, That no rail road built
by any mining company, formed under this act, shall
be more than ten miles in length.

Means of
transporta-
tion.

SEC. 24. And be it further enacted, That every rail
road, constructed under the provisions of this act, shall
provide all necessary means, and transport all persons
and properly that may be offered for transportation on its
said rail road; and in all cases, other than those pro-
vided for in the aforegoing section, or in all cases when
the said company furnishes the cars and motive power,
and is subject to all the expenses chargeable to trans-
portation, it shall be authorized to charge at a rate not
exceeding two and a half cents per ton per mile on
all coal and other articles, and two cents per mile for
every passenger that may be transported.

Gap at Wills'
mountain.

SEC. 25. And be it further enacted, That any rail
road that may hereafter be constructed, or purchased
by any corporation, funned under this act shall be so
located or used, as to occupy as little space at the pas-
sage through the gap, at Wills' Mountain, near Cum-
berland, as may be compatible with the full and con-
venient use of such rail road, and in such manner ad to
produce as little obstruction as may be, to the location

of other rail roads through said gap by any company
now authorised, or that may hereafter be authorized,
to construct the same under the authority of this act.

Questions of
difference —
how settled.

SEC. 26. And be it enacted, That all questions of
difference that may hereafter arise between any two
companies, or between any company, and citizen or
citizens, in regard to locating, constructing, or working
its rail road or rail roads, or in respect to the charges of
transportation thereon, as authorized by this act, may
be submitted to, and be decided by the commissioners

of public works of this State; and in case of an equal
division in the hoard of commissioners, the Treasurer

of the State shall decide the same, and the decision of