Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1868-05-28

MARYLAND, THURSDA
ted by them with branch railroad, authorized
by law in the State of Delaware, to be built by
the Delaware Railroad Company; and whereas,
the most desirable point for such connection of
said railroads is not on the State line but at or
near Masseys Cross Roads, so called, In Kent
county; Maryland. Now, therefore,
SECTION L. Be it enacted by the General Assem-
6ly of Maryland, That the Delaware Railroad
Company, a corporation existing by law in the
State of Delaware, be and it is hereby author
lied and empowered to extend that branch of
the Delaware Railroad, which it may build, for
the purpose of connecting with the Kent coun-
ty Railroad or the Queen Anne's and Kent
Railroad, or with either of them, from the
crossing of the State line to such point within
six hundred yards from Massey's Cross Roads,
Kent county, Maryland, as it may agree upon
with the Kent county Railroad Company and
the Queen Annes and Kent Railroad Compa-
ny, or either of them, for point OF junction
and connection and for the purpose OF max
ing, maintaining and operating such extension
of said branch railroad in the State of Mary
land, the said Delaware Railroad Company shall
be able to sue and be sued, plead and be inn
pleaded in all courts of the State OF Maryland,
and to purchase, receive, have, hold and ENJOY
lands, tenements and hereditaments, goods,
chattels and estate real, personal or mixed, of
what kind soever, and the same from time to
time, to sell, mortgage, alien, grant and dis
pose of, and to make dividends of such portions
of the profits of operating said branch as its
Directors may think proper, and generally to
do all and singular the matters and things
which may lawfully appertain to the location,
construction, maintenance and management OF
said branch railroad as if the said 1.-The Della
ware Railroad Company We're corporation,
created under the law of the State Of Maryland,
specially for these purposes.
Sec. 2. And be it further enacted, That when
ever in locating and building said branch of
the Delaware Railroad, it shall be necessary for
contractors or employees, to enter upon, and
occupy any lands in the State of Maryland, or
to take earth or other material for said railroad
therefrOm, and the owner or owners OF said
lands shall refuse to permit such entry and oc-
cupation, and the parties cannot agree upon
the compensation to be made for any injury or
supposed injury that may be done to said lands
by such entry and occupation, then the Com
missioners hereinafter named, on being notified
by the said company, shall go upon said lands
and asses the damages of such owner or own
cIS. Ou Odlu VI IdAllJ AhhPoh
TALLY, taking into consideration all the bene-
fits to be derived from or in consequence of the
building of said branch railroad to said owner
or owners, and said Commissioners shall certi-
fly their award to both parties; whereupon the
said company, on paying the damages SO assess
ed shall become entitled to have, use and enjoy
the said lands with the Improvements thereon,
for the purposes by it required forever. And
in case any owner or owners OF lands necessary
p -..z-- .xA~s.-- u Il -
minor or nonresident, or for any other case
incapable of receiving, or unwilling or neglect
ing to receive said damages, or to call on said
company for the. same, the said company may
deposit the amount of damages awarded to the
credit of such owner or owners in such bank
in the county of Kent, or in the city of Balti-
more, as the Commissioners in making their
award shall designate, and after so depositing
in bank subject to his, her or their order, the
amount awarded as damages to any owner or
owners of land, the said company shall be en-
titled to have, use and enjoy such land with its
Improvements in the same manner as if such
damages had been paid to the owner or owners
as hereinbefore provided; the following named
persons shall be five (5) Commissioners for the
purposes recited in this section: Samuel Hur-
lock, Jonathan Hodgson, Richard Millington,
Benjamin Hazel and James R. Jones. And in
case of the death, disability or refusal to serve,
of any one or more Commissioners, the Cover
nor of State shall appoint another, or others to
fill the vacancy or vacancies; the said Com
missioners shall be entitled to receive from the
the rate of three dollars per day, and expenses
actually incurred while so employed
Sec. %. A,d be 1t further enacted, That the
President and Directors of the said Delaware
Railroad Company shall have full power and
authority to connect the railroad, which may
be constructed under the provisions Of this Act,
with the other railroads hereinbefore named, or
with any railroad that may be hereafter con-
structed to or across such other railroads, to
make contracts and agreements with any other
Railroad Company, for the transportation OF
freights and passengers, and for the furnishing
cars and motive power. And it shall be law
full for the President and Directors of the Kent
County Railroad Company, and of the Queen
Anne's and Kent Railroad Company, or either
of them, to enter into contract to guarantee
said Delaware Railroad Company, its lessees or
assigns, against loss by extension of its branch
road into Maryland, to such extent and in such
manner as the contracting parties may agree to
give and receive such guarantee. .9..,ty4 81 j.
Sec. 4. And5e IT. further enacted, That on the
completion of the branch railroad, herein pro-
vided for, it shall be lawful for said Delaware
Railroad Company, its lessees or assigns, to de-
portation of persons and property, not exceed
ing in any case the rate of toll per mile which
may be charged on the Delaware Railroad, as
it or they shall fix.
Sec. 5. And be 1T farther enacted, That in case
any person shall knowingly obstruct, injure,
remove or destroy any part of the roadway,
culverts, bridges, tracks, buildings, or other
appurtenances of the railroad hereby authoriz-
ed to be built, such person for every such Of
fence shall forfeit and pay to the said Delaware
Railroad Company, or its authorized agent,
three times the amount of damage done, which
may be recovered by suit brought before JUS
tice of the Peace, or in the Circuit Court for
Kent county, as debts of like amount are recov-
cred. :3.'--g e-ie
Sec. 6. Ind be 1t further enacted, That in the
construction of their said branch railroad, the
Delaware Railroad Company shall so cross all
established public roads as not to impede their
use as such, and shall make at least one conve-
nient crossing place from side to side of their
track on each farm divided by their railroad if
called upon so to do, and shall afterwards
maintain such public and private crossing in
passable condition. - - ~ zEit t-s5+,y p.
Sec. I. Assd be 1t further enacted, That if the
SAID Delaware Railroad Company shall not have
completed the branch railroad hereinbefore de-
scribed, SO that trains run over it within two
years from the date of the passage of this Act,
then this Act shall be null and void :; and pro-
vided further, that nothing in this Act shall
entitle the said company to any part of the mo-
ney appropriated by the Act of eighteen hun
dred and sixty, chapter three hundred and three,
to the Kent county or Queen Anne's or Kent
County Railroad Companies, but that the sum
apprOpriated nv said cf to the aforesaid rom-