The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1868-06-11

i I.menf thaE tle point or question may be
plIy presented as TO both law and fact, IN
case the causeishall be transmitted to the
Court Of Appeals instead Of being heard By
the Court in bahc. Nfao7ilA. ~ faAsAssag
See. 9. Wheneyer. any ccase shall be re.
moved 10 any ether, Court upon a point or
question reserved for the Court IN banc, az
hcreinbetore provided, the said cause shall
remain N the said Court, for trial rs II. the
same had originated therein. = -
hec. 4. And be Il enacted, That this Ace
shall take effect from the day pfiis passage.
/ Approved March 30, 1863. ~
's' TH0MAS SWAMI, 7 8oyeF66r.a 80
tcs,,1s. tc,s..,,am asss;gf gTTr, sieiosss bss sixssq
/ 1 SD s. yKNsACTsp6 sdapors ssd
10 sntliorixe the Delaware Railroad Company
Y extend branch railroad across the Stafe
a.,, a.ne, into hent copsty, Maryfand liir rrs
mhsereaa, The Kent county Railroad Company,
! ana tne Vnfen Anne'A and Kent Railroad Com. sl
| peny, corporations existing by law ii dc Stsfa
\ OF Maryland, desIye and propose 10 connect ons
l Or both 81 the railroads 70 be conrtructed "
them with branch railroad, anthorized by law
"a she state q Delaware, to be built hy the
| Delaware Railroad Company, and whereas. he
mott desirable point for zach connection of said
railroads Is n5t on the Stats line bat at or near
Massey's Crors Roads, 70 called, 10 Kent coun-
| y, Maryland. Now therefore, ODE TTlr,
/ Section. Be II enacted by the General Aa-
aenbly 81 Maryland. That he Delaware Rail- 3
road Companys ceFpprailen existing By Law
/ IN the State pf Delaware, be and Ii Is hereby
authorized and empowered 90 extend that
branch of the Delaware RaIlroad, which II may
| bHiids for the pufposo Of connecting with the
Kent county Railfoad, or The Queen Anne's
| and kept Railroad, or with either bf them, from
the crossing Of ahe State Inns 10 such polnss
/ within sis hundred yards from Mascy's Gross
koads, Kent coaHty, Maryland, as II may agree
upon with the Kent county Railroad Company
and The Queen Anne's and Kent Railroad Cons
pany, oe eithef Of them, for point Of Innesi0n
and connection; and for the purpose Of making,
malntaining and operating such extension Of
said branch raslFcad1n the state oi Msrylsnd,
the said Delaware Railroad Company shall bs
absa 70 sua and be sued plead aud be impieaa-
cd In ell Courts Of the state OF Maryland, and
10 purchase, receive, have. hold aad enjoy
landA, tenementa and heFeditsmenis, goods,
what kind soevsr, and this sane IRON time 10
time, 70 sell, mortgage, alien, grant and dis
pose 81, and 10 make dividends 0f such portions
Of the profits Of opcrssing said branch a. IL
Directors may mink proper, and generally 70
do all and angular lhe matters and thiuea
which may lawfully appertain 70 the iocaabn.
construction, maintenance and management of
said branch railroad a. II the said "ths Della
wafc Railroad Company" were corporation,
created under The Law q the State efAAfJlaad,
specially for these purposes.
See. 2. And DO Il further enacfad, That
whengrer IN locating and baildlng said branch
OF the Delaware Railroad, IL shall be necessary
for the Delaware Railroad Company, ~ engE-
aeera, contraotors Of employees y enter upon,
and occnpy any lands Ia the stats Of Mary
land, or 10 take earth other material for said
railroad therrfF0m, aud The owner or uwneFH
Of said lands shall Ttfuse 10 permit such entry
and occupation, and the pariies cannot agreo
upon the compensation 10 bs made for anV In
jury or sappoaed injury that mar be done 10
rai1 lands BY saeh eHtry and occupation, then
The Comsnissionera hereinafter named, on being
netihed By the eomPany, sball 20 upon said
Lands and assess The damages Of such owner or
patiAlly. taking into confederation al he bcE-
eists to be derived from or in Consequence Of
rae baiiding Of said branch railroad 10 said
owner OF owners, aud said Commissioners shall
certify thelf award 70 both parties, wherenpon
The said Company on paying the damages % y
assessed, shall become entitled 10 havesnse and
enjoy the 7aid lands with the improvements
| thersoa, for The purposes By Il reqnircd for-
ever. And 10 case any owner Of owners Of
lands necessary for iite pnrposc Of sald Com-s
pany shall be 4 minor or nonresident, or for
any other case incapable Of receiving, or nn-
wiliinn or uexireiinK 70 receive Keld damaxea.
Of 90 call on said Company for tho same, tho
said Company may dePosli she amount of dam d
ages awaFArd 10 the credit Of such owner or
owners ts such bank 10 the county ofkent, OF
10 the city Of baltimore, a. the Commissioners
In making their award shalt designate, and
afler - dspositIng In bank sHbieei % his, her
or their order, the amount awarded ~ damages
10 any owner of owners OF land, the said Gem
pany shall be entitled % have, noe aud enjoy
sueh laad gigh its improvements In sams man
nor a. II such damages had been, paid 10 the
owner or owners hereinbeiore provided; the
follewissg naneA persons shalt be i've tsl Com
uissioners for the purposes reelted In this sec-
tion; Samuel iiurloek, Jonathan Hodgson,
Richard Millington, Ben nIafuin Iiakel and James
R Jones. And in case Of the death, disability
or refusal " serve, OF any one OF more Com 4
a.. H.. .l.lf
another, or others ~ illi the vncaney OF vaean-
Giles, the said Commissioners shall DO entitled
10 receive from the Delaware Railroad Com
pany, compensation At the rate Of three dollars
per day, and expenses actually incurred while
90 employed. lA e5shE
Soc. 8. Aud be Il further enacted, That the
President and Directors OF the said Delaware
Railroad Company shall have full power and s
authority % connect the railroad, which may
be constructed under thepFovisions oftbis Act,
with other railroads hcreinbcf9re named, or
with any railroad that may be hereafter con-
sgructsd 10 or across sulch other railroads, TO .
mako contracts and agreements with aly other
Railroad Caiapany, for the transportation Of
freighia and pasaengeFs, and ior furnishing ears
the President and Directors Of the Kent county
Railroad Company, aud OF the Queen Annesa
and Kent Railroad Company, or either Of them,
70 eater into contract 70 guarantee said Del
aware Railroad Company IL lessees o-assigns
against losa BY extension Of its branch road
into Maryland, TO such extent and In such man
ner as the contracting parties may agree to-
give aud receiYe such guarantee. -
See. 4. And be II farther enacted, That on
the completion Of the branch railroad, herein,
provided for, IL shall be lawful for said Della
ware Railroad Company, It's lcssees Or assigns,
10 demand aud receive sums OF money for the
transportation OF persons and property, not
excoedtng Ia any case the rate OF toll per uiAo
which may b. charged on the Delaware Rail-
road. as II or they shall Ok. "a HlN1 a
Sec. 8. Aud be Il further enacted, That In
case any person shalt knowingly obstrnet, in
jare, remove or destroy any part Of the road
way, culverts, bridgess tracks, buildings, OF
other appurtenances Of the railroad hereby ar-
thorixcd 10 be built, such person for every such
offence shall forfeit and pay 20 the said Della a
ware Railroad Company, or N authorized
which may be recovered By suit brought before
a Justice Of the Peace, or In the Circuit Court
for Kent county, as debh Of like amount are
recovered. ~ -. j.
Sec. q. And he 1t further enacisd. That In =
the construction Of their said branch railroad,
the Delaware Railroad Company shall 50 cross
oil established public roads as NOT 70 impede
their use as such, and shall make at least one
convenient crossing place from side TO side Of
their track on each farm divided by their rail-
road II called upon 90 10 do, and shall after
wards maintain such public and private crosg-
ing In pasxable condition. 4f N ss4f
See. 7. And be Il further enacted, That II
the said Delaware Railroad COMPANY shall net
have completed the branch railroad her, inbe-
fore described, So that trains run over Il VI thin
two years from the date Of the passage Of this
Act, then this Act shah be null and void; and
provided further, that nothing inthis Act shall
money appropriated BY the Act of eighteen
hundred and sixty, chapter three hundred add
three, 10 the Kent county or Queen Anne's, or