# An act supplementary to the act of eighteen hundred and twenty-six, chapter one hundred and twenty-three, and to provide the mode of constructing the Philadelphia Branch Railroad of said company within the city of Baltimore

| AN ACT supplementary to the act of eighteen hundred and twenty-six, chapter one hundred and twenty-three, entitled "An act to incorporate the Baltimore and Ohio Railroad Company," and to provide the mode of constructing the Philadelphia Branch Railroad of said company within the city of Baltimore. |
| SECTION 1. Be it enacted by the General Assembly of Maryland, That the Baltimore and Ohio Railroad Company be and it is hereby authorized, in building its Philadelphia Branch Railroad, which it is now constructing from a connection with its main line in the city of Baltimore to a point on the border line between Maryland and Delaware, in Cecil county, to construct and operate the same as a double track railroad through the city of Baltimore, on a route to be located by said company, as follows: Commencing from a connection with its main line at or near the point where it crosses Henrietta street, and thence alongside of or through Camden station in said city; and thence curving easterly, so as to strike a line which shall be either the bed of Pratt street, or a line substantially parallel to it, between Pratt and Lombard streets, and continuing thence easterly, by whichever of these lines is chosen by said company, so as to strike a point on the west side of Centre Market Space, or on the line of said west side extended across Pratt street; thence from such point to a point in the bed of Eastern avenue, between Jones' Falls and Albermarle street, and from thence along Eastern avenue, or partly or wholly through property lying between Bank street and Canton avenue, or along Canton avenue to the eastern limits of the city; and thence along said Eastern or Canton avenues extended, beyond said city limits, by a surface, elevated road or tunnel, wholly or partly, or on such other route as said company may select, to the present location of said Philadelphia Branch Railroad outside of said city; | B. & O. R. R. authorized to construct double track thro' Baltimore city. |
| provided, however, that the said company shall, by accepting this act, be held and taken to have waived all claim to any exemption from state, county or municipal taxation, upon its said Philadelphia Branch Railroad, together with all buildings and other works to be constructed and used in connection with the same; | Proviso. |
| and that its said elevated railroad and tunnel property, forming parts of said branch railroad, shall be valued and assessed in the same manner as any bridges forming parts of railroads, and tunnels connected with railroads, are now by law directed to be valued and assessed for purposes of taxation; | Elevated railroad to be assessed. |
| and provided further, that said company shall be responsible for injuries done to any private property binding on any street in the city of Baltimore along which said branch railroad shall be constructed; and the damages for such injuries may be recovered by civil action, brought by the respective owner or owners of such private property, at any time within three years after the completion of said branch railroad in the said city of Baltimore; but one action only shall be brought in respect to the injuries done to any parcel of private property owned by one or more than one person or corporation; | Responsible for injuries. |
| and in the ascertainment of said damages, the benefits, if any, to said property, shall be considered, and no damages shall be given unless the same shall be found to exceed said benefits; | Benefits to be considered. |
| provided also that the owner or owners of any property so binding on any street in said city, along which said branch railroad shall be constructed, shall have the right to require said railroad company to purchase and accept such property at its present tax assessment, upon waiver of till claim or claims for damage; but such owner or owners shall exercise such option to require said company to accept said property within six months after notice given by the railroad company of its intention to locate said railroad along such street; | Require to purchase. |
| said notice to be given by publication in some daily newspaper, printed and published in the city of Baltimore, at least once a week for four successive weeks. | Publish notice. |
| SEC. 2. And be it further enacted, That said company, in constructing its said road upon the route to be selected by it, as provided in the first section of this act, may construct a surface road from the west side of Patterson Park avenue to Cannon street, depressing Burke street not exceeding four (4) feet, and raising Cannon street not exceeding six (6) feet, at the crossings of said streets; said company shall construct no part of its road as a surface road, nor cross any street at grade west of Patterson Park avenue; | Construct surface road. |
| but said road west of said Patterson Park avenue shall be constructed at such an elevation above the surface of any street, alley or way occupied or crossed as to give a clearance of at least twelve feet above the surface of said street, alley or way, with suitable approaches to the grade crossings at Patterson Park avenue and Cannon street, and also with suitable approaches to its said connection with its main line, south of said Camden station, on the route aforesaid; | Elevation above street. |
| and should said company construct its said road upon Pratt street, the posts supporting the same west of Centre Market space shall be placed in the curb-line, and should said company construct its said road on Canton avenue, there shall be a clearance of at least eighteen (18) feet above the present tracks of the Philadelphia, Wilmington and Baltimore Railroad, east of Cannon street, on said route; said company may, in its discretion, construct said road as a surface road, or as an elevated road, with the same clearance above the streets and alleys, and like approaches to grade crossings, as hereinbefore described. | Where to place posts. |
| Nothing in this act shall authorize said company to encroach upon Patterson Park, or to tunnel under the same; and should its line cross Centre Market Space, it shall construct its road at such an elevation as not to interfere with the use thereof for market purposes, and in constructing its said road said company is authorized to occupy lengthwise or cross such part of any street, alley or way as may lie in any part of its route, when located by said company as hereinbefore prescribed, and to acquire, by purchase or condemnation, any property or land, or any easement therein, or right appurtenant thereto, that may be needed for the construction of its said railroad, or for the purpose of depots along the same; | Not to encroach |
| and in the exercise by said company of its powers of condemnation for said railroad within said city, under this act, and the act to which this is a supplement, the superior court of Baltimore city, the court of common pleas and the Baltimore city court, and the clerks thereof, and the sheriff of said city, and the jurors summoned by him from the inhabitants of said city, and any justice of the peace of said city, and all parties interested in the exercise of said powers, shall, respectively, have the same powers and rights which are conferred upon the county courts, and the clerks of the counties, and the sheriffs of said counties, and the jurors summoned by them from the inhabitants of said counties, and the justices of the peace of said counties, and the parties interested in the exercise of the powers by the act, to which this a supplement, and the amendments and supplements thereto; | Who to have powers. |
| and the inquisition shall be returned by the sheriff to the clerk of the court which may be named in the warrant of the justice of the peace; and said court may confirm said inquisition at any time after the return of said inquisition to the clerk of said court, if no sufficient cause to the contrary be shown; | Inquisition returned to clerk. |
| but thirty (30) days after such return shall be allowed in which to file objections to the confirmation of any such inquisition. | Time allowed to object. |
| SEC. 3. And be it further enacted, That this act shall take effect from the date of its passage. | Effective. |
| Approved March 28, 1884. |
This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."
These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).
A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.
Public domainPublic domainfalsefalse