Maryland state laws relating to the Baltimore and Ohio Rail Road

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Maryland state laws relating to the Baltimore and Ohio Rail Road
Maryland General Assembly
This is an incomplete compilation. The full archives are available online.

1826 Chapter 123[edit]

An Act to Incorporate the Baltimore and Ohio Rail Road Company. Passed Feb 28, 1827
1. Be it enacted by the General Assembly of Maryland, That Isaac M'Kim, Thomas Ellicott, Joseph W. Patterson, John M'Kim, junior, William Stewart, Talbot Jones, Roswell L. Colt, George Brown, and Evan Thomas, be and they are hereby appointed commissioners, under the direction of a majority of whom subscriptions may be received to the capital stock of the Baltimore and Ohio Rail Road Company, hereby incorporated; and they, or a majority of them, may cause books to be opened at such times and places as they may direct, for the purpose of receiving subscriptions to the capital stock of said company after having given such notice of the times and places of opening the same as they may deem proper; and that upon the first opening of said books, they shall be kept open for at least ten successive days, from ten o'clock A. M. until two o'clock P. M. and if at the expiration of that period such subscription to the capital stock of said company, as is necessary to its incorporation, shall not have been obtained, the said commissioners, or a majority of them, may cause the said books to be opened, from time to time, after the expiration of the said ten days, for the space of twelve months thereafter, or until the sum necessary to the incorporation of the company shall be subscribed, if sooner subscribed; and if any of the said commissioners shall die, resign, or refuse to act, during the continuance of the duties devolved upon them by this act, another may be appointed in his stead by the remaining commissioners, or a majority of them. Commissioners to open books for subscriptions
2. And be it enacted, That the capital stock of the said Baltimore and Ohio Rail Road Company, shall be three millions of dollars, in shares of one hundred dollars each, of which ten thousand shares shall be reserved for subscription by the state of Maryland, and five thousand for the city of Baltimore, for the space of twelve months after the passage of this act by the legislature of Maryland, and the remaining fifteen thousand shares may be subscribed for by any other corporation or by individuals; and that as soon as ten thousand shares of the said capital stock shall be subscribed, the subscribers of the said stock, their successors and assigns, shall be, and they are hereby declared to be, incorporated into a company, by the name of The Baltimore and Ohio Rail Road Company, and by that name shall be capable in law of purchasing, holding, selling, leasing and conveying, estates real, personal and mixed, so far as shall be necessary for the purposes hereinafter mentioned, and no further; and shall have perpetual succession, and by said corporate name may sue and be sued, and may have and use a common seal, which they shall have power to alter or renew at their pleasure, and shall have, enjoy and may exercise, all the powers, rights and privileges, which other corporate bodies may lawfully do, for the purposes mentioned in this act. Capital stock—-subscribers incorporated
3. And be it enacted, That if more than fifteen thousand shares shall be subscribed to the capital stock of said company, not reserved to the state of Maryland, or to the city of Baltimore, the said commissioners, or a majority of them, shall reduce the subscription to fifteen thousand shares, by striking off from the largest number of shares in succession, until the subscriptions are reduced to fifteen thousand shares, or all the subscriptions to one share; and if there be still an excess, then lots shall be drawn by the commissioners to determine who are to be excluded. If more than 15,000 shares subscribed, how to be reduced
4. And be it enacted, That upon every such subscription, there shall be paid at the time of subscribing to the said commissioners, or to their agents, appointed to receive such subscriptions, the sum of one dollar on every share subscribed, and the residue thereof shall be paid in such instalments, and at such times, as it may be required by the president and directors of said company; Payments, how to be made
Provided, that not more than one third of the subscription be demanded in any one year from the commencement of the work, nor any payment demanded until at least sixty days public notice of such demand shall have been given by the said president and directors; and if any subscriber shall fail or neglect to pay any instalment, or part of said subscription, thus demanded, for the space of sixty days next after the time the same shall be due and payable, the stock, on which it is demanded, shall be forfeited to the company, and may be sold by the said president and directors for the benefit of the company; but the president and directors may remit any such forfeiture on such terms as they shall deem proper. Proviso
5. And be it enacted, That if the subscription herein made necessary to the incorporation of the said company, shall not be obtained within twelve months after the first opening of the subscription books by the said commissioners, this act, and all the subscriptions under it, shall be null and void; and the said commissioners, after discharging the expenses of opening the books, shall return the residue of the money, paid in upon such subscriptions, to the several subscribers, in proper proportions to the sums respectively paid in by them. If necessary subscription is not obtained in 12 months, act to be void
6. And be it enacted, That at the expiration of the ten days for which the books are first opened, if ten thousand shares of said capital stock shall have been subscribed, or if not, as soon thereafter as the same shall be subscribed, if within one year after the first opening of the books, the said commissioners, or a majority of them, shall call a general meeting of the subscribers, at such time and place as they may appoint, and shall give at least twenty days public notice thereof; and at such meeting the said commissioners shall lay the subscription books before the subscribers then and there present, and thereupon the said subscribers, or a majority of them, shall elect twelve directors, by ballot, to manage the affairs of said company; and these twelve directors, or a majority of them, shall have the power of electing a president of said company, either from among the directors, or others, and of allowing him such compensation for his services as they may deem proper; and that in said election, and on all other occasions wherein a vote of the stockholders of said company is to be taken, each stockholder shall be allowed one vote for every share owned by it, him or her, and every stockholder may depute any other person to vote and act for it, him or her, as its, his or her proxy, and the commissioners aforesaid, or any three or more of them, shall be judges of the said first election of directors. General meeting—-Directors
7. And be it enacted, That to continue the succession of the president and directors of said company, twelve directors shall be chosen annually, on the second Monday of October in every year, in the city of Baltimore, by the stockholders of said company, and that the state of Maryland, and the city of Baltimore, may each appoint one additional director of said company for every twenty -five hundred shares of stock of said company by them respectively owned at the time of such election, but shall not be permitted to vote upon their stock in the election of the directors by the stockholders, in general meeting; and that the directors of said company, or a majority of them, shall have power to appoint judges of all elections, and to elect a president of said company, either from amongst the directors, or others, and to allow him such compensation for his services as they may deem proper; and if any vacancy shall occur by death, resignation, or refusal to act, of any president or director, before the year for which he was elected has expired, a person to fill such vacant place, for the residue of the year, may be appointed by the president and directors of said company, or a majority of them; and that the president and directors of the company shall hold and exercise their offices until a new election of president and directors; and that all elections which are by this act, or the by-laws of said company, to be made on a particular day, or at a particular time, if not made on such day, or at such time, may be made at any time within thirty days thereafter. Directors to be chosen annually——Vacancies
8. And be it enacted. That a general meeting of the stockholders of said company shall be held annually, at the time and place appointed for the election of the president and directors of said company; that they may be called at any time during the interval between said annual meetings by the president and directors, or a majority of them, or by the stockholders owning at least one fourth of the whole stock subscribed, upon giving thirty days public notice of the time and place of holding the same; and when any such meetings are called by the stockholders, such notice shall specify the particular object of the call; and if at any such called meetings a majority (in value) of the stockholders of said company are not present, in person or by proxy, such meetings shall be adjourned from day to day, without transacting any business, for any time not exceeding three days, and if within said three days, stockholders having a majority (in value) of the stock subscribed do not thus attend, such meeting shall be dissolved. General meeting of stockholders to be held annually
9. And be it enacted, That at the regular annual meetings of the stockholders of said company, it shall be the duty of the president and directors, in office for the preceding year, to exhibit a clear and distinct statement of the affairs of the company; that at any called meetings of the stockholders, a majority of those present may require similar statements from the president and directors, whose duty it shall be to furnish them when thus required, and that at all general meetings of the stockholders, a majority (in value) of all the stockholders in said company, may remove from office any president, or any of the directors of said company, and may appoint others in their stead. Statement of the affairs of company to be exhibited
10. And be it enacted, That every president and director of said company, before he acts as such, shall swear, or affirm, as the case may be, that he will well and truly discharge the duties of his said office, to the best of his skill and judgment. Directors to take an oath
11. And be it enacted, That if any of the said fifteen thousand shares of the capital stock of said company, not reserved to the city of Baltimore, or to the state of Maryland, shall remain unsubscribed until the organization of the said company, or if the shares of said capital stock herein before reserved to the said state or city, or any part of them, shall be subscribed by said state or city respectively, during the time for which such stock is reserved for them, in either case the president and directors of the said company, or a majority of them, shall have power to open books, and to receive subscriptions to any of the capital stock of said company which may thus remain unsubscribed for, or to sell or dispose of such unsubscribed stock for benefit of the company, for any sum not under its par value; and the purchasers or subscribers of such stock shall have all the rights, powers and privileges, of original subscribers, and shall be subject to the same regulations. Stock unsubscribed may be sold
12. And be it enacted, That the said president and directors, or a majority of them, may appoint all such officers, engineers, agents or servants whatsoever, as they may deem necessary for the transaction of the business of the company, and may remove any of them at their pleasure; that they, or a majority of them, shall have power to determine, by contract, the compensation of all the engineers, officers, agents or servants, in the employ of said company, and to determine by their by-laws, the manner of adjusting and settling all accounts against the company, and also the manner and evidence of transfers of stock in said company; and that they, or a majority of them, shall have power to pass all by-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 act into effect; President and directors—-—-their powers
Provided only, that such by-laws shall not be contrary to the laws of the United States, or the laws of any of the states assenting to this act, or any of the provisions of this act. Proviso
13. And be it enacted, That if the capital stock of said company shall be deemed insufficient for the purposes of this act, it shall and may be lawful for the president and directors of said company, or a majority of them, from time to time, to increase the said capital stock by the addition of as many shares as they may deem necessary, for which they may at their option cause subscriptions to be received in the manner prescribed by them, or may sell the same for the benefit of the company, for any sum not under their par value; and that they, or a majority of them, shall have power to borrow money for the objects of this act, to issue certificates or other evidences of such loans, and to pledge the property of the company for the payment of the same, and its interest. Capital may be increased
14. And be it enacted. That the president and directors of said company shall be and they are hereby invested with all the rights and powers necessary to the construction and repair of a rail road from the city of Baltimore, to some suitable point on the Ohio river, to be by them determined, not exceeding sixty-six feet wide, with as many sets of tracts as the said president and directors, or a majority of them, may deem necessary; and they, or a majority of them, may cause to be made, or contract with others for making, said rail road, or any part of it; and they, their agents, or those with whom they may contract for making any part of the same, or their agents, may enter upon and use, and excavate, any land which may be wanted for the site of said road, or the erection of warehouses, or other works necessary to said road, or for any other purpose necessary or useful in the construction or repair of said road, or its works, and that they may build bridges, may fix scales and weights, may lay rails, may take and use any earth, timber, gravel, stone, or other materials, which may be wanted for the construction or repair of any part of said road, or any of its works; and may make and construct all works whatsoever, which may be necessary and expedient, in order to the proper completion of said road; and that they, or a majority of them, may make, or cause to be made, lateral rail roads, in any direction whatsoever, in connexion with said rail road from the city of Baltimore to the Ohio river, and in the construction of the same, or their works, shall have possess, and may exercise, all the rights and powers hereby given to them in order to the construction or repair of the said rail road from the city of Baltimore to the Ohio river. Contract for rail road—-Bridges—-—-Earth, &c. necessary for its construction
15. And be it enacted, That the president and directors of said company, or a majority of them, or any person or persons authorized by a majority of them, may agree with the owner or owners of any land, earth, timber, gravel, stone, or other materials, or any improvements which may be wanted for the construction or repair of any of said roads, or of any of their works, for the purchase or use and occupation of the same, and if 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 lie, when such land or materials shall be wanted, application may be made to any justice of the peace of such county, who shall thereupon issue his warrant, under hand and seal, directed to the sheriff of said county, requiring him to summon a jury of twenty inhabitants of said county, not related nor in anywise interested, to meet on the land, or near to the other property or materials to be valued, on a day named in said warrant, not less than ten nor more than twenty days after the issuing of the same, and if at said time and place any of said jurors summoned do not attend, the said sheriff shall immediately summon as many jurors, as may be necessary with the jurors in attendance, to furnish a panel of twenty jurors in attendance, and from them each party, or its his, her, or their agent, if either be not present in person or by agent, the sheriff for him, her, it or them, nay strike off four jurors, and the remaining twelve shall act as the jury of inquest of damages; and before they act as such, the said sheriff shall administer to each of them on oath, or affirmation, as the case may be, that he will justly and impartially value the damages which the owner or owners will sustain by the use or occupation of the same required by the company; and the jury in estimating such damages shall take into the estimate the benefit resulting to the said owner or owners from conducting such rail road through, along or near, to the property of said owner or owners, but only in extinguishment of the claim for damages; and the said jury shall reduce their inquisition to writing, and shall sign and seal the same, and it shall then be returned by said sheriff to the clerk or prothonotary of his county, as the case may be, and by such clerk or prothonotary, filed in his court, and shall be confirmed by said court at its next session, if no sufficient cause to the contrary be shewn; and when confirmed shall be recorded by said clerk or prothonotary. at the expense of said company, but if set aside, the said court may direct another inquisition to be taken in the manner above prescribed; and such inquisition shall describe the property taken, or the bounds of the land condemned, and the quantity or duration of the interest in the same, valued for the company, and such valuation, when paid or tendered to the owner or owners of said property, or his, her, or their legal representatives, shall entitle the said company to the estate and interest in the, same thus valued, as fully as if it had been conveyed by the owner or owners of the same; and the valuation, if not received when tendered, may at any time thereafter be received from the company, without costs, by the said owner or owners, or his, her, or their legal representative or representatives. May contract for land, &c. In case of disagreement jury to be summoned
16. And be it enacted. That wherever, in the construction of said road or roads, it shall be necessary to cross or intersect any established road or way, it shall be the duty of the president and directors of said company so to construct the said road across such established road or way, as not to impede the passage or transportation of persons or property along the same; or where it shall be necessary to pass through the land of any individual, it shall also be their duty to provide for such individual proper wagon-ways across said road or roads, from one part of his land to the other. in crossing any established road not to impede passage of persons, &c.
17. And be it enacted, That whensoever it shall be necessary for said company to have, use or occupy, any lands, materials, or other property, in order to the construction or repair of any part of said road or roads, or their works or necessary buildings, the president and directors of said company, or their agents, or those contracting with them for making or repairing the same, may immediately tike and use the same, (they having first cause the property wanted to be viewed by a jury, formed in the manner herein before prescribed,) in those cases where the property is to be changed or altered by admixture with other substances before such alteration is made, and that it shall not be necessary, after such view, in order to the use or occupation of the same, to wait the issue of the proceedings upon such view; and the inquest of the jury, after confirmation and after payment or tender of the valuation, shall be a bar to all actions for taking or using such property, whether commenced before or after such confirmation, or the payment of said valuation. When necessary to occupy lands, &c
18. And be it enacted, That the said president and directors, or a majority of them, shall have power to purchase, with the funds of said company, and place on, any rail road constructed by them under this act, all machines, wagons, vehicles, or carriages of any description whatsoever, which they may deem necessary or proper for the purposes of transportation on said road, and they shall have power to charge for tolls upon (and the transportation of persons,) goods, produce, merchandise, or property of any kind whatsoever, transported by them along said rail way from the city of Baltimore to the Ohio river, any sum not exceeding the following rales, viz. On all goods, produce, merchandise, or property of any description whatsoever, transported by them from west to east, not exceeding one cent a ton per mile for toll, and three cents a ton per mile for transportation; on all goods, produce, merchandize, or property of any description whatsoever, transported by them from east to west, not exceeding three cents a ton per mile for tolls, and three cents a ton per mile for transportation, and for the transportation of passengers not exceeding three cents per mile for each passenger; and it shall not be lawful for any other company, or any person or persons whatsoever, to travel upon or use any of the roads cf said company, or to transport persons, merchandize, produce, or property of any description whatsoever, along said roads, or any of them, without the license or permission of the president and directors of said company; and that the said road or roads, with all their works, improvements and profits, end all the machinery of transportation used on said road, are hereby vested in the said company, incorporated by this act, and their successors, forever; and the shares of the capital stock of the said company shall be deemed and considered personal estate, and shall be exempt from the imposition of any tax or burthen by the states assenting to this law. To purchase machines, wagons, &c—-Tolls
19. And be it enacted, That the said president and directors shall annually, or semi-annually, declare and make such dividend as they may deem proper, of the nett profits arising from the resources of the said company, after deducting the necessary current and probable contingent expenses; and that they shall divide the same amongst the proprietors of the stock of said company, in proper proportions to their respective shares. Dividends
20. And be it enacted, That if any person or persons shall wilfully, by any means whatsoever, injure, impair cr destroy, any part of any rail road, constructed by said company under this act, or any of their necessary works, buildings, carriages, vehicles or machines, of said company, such person or persons, so offending, shall, each of them, every such offence, forfeit and pay to the said company the sum of five hundred dollars, which may be recovered in the name of said company, by an action of debt, in the county court of the county wherein the offence shall be committed, and shall also be subject to indictment in said court, and upon conviction of such offence, shall be punished by fine and imprisonment, in the discretion of the court. Penalty for injuring any part of road
21. And be it enacted, That as soon as this act shall have been passed by the legislature of Maryland, books may be opened, subscriptions received, and the said company organized, and that when organized the said company, and the president and directors of the same, shall have all the powers, rights and privileges, granted by this act, and shall be subject to all its regulations in constructing or repairing any of the said rail roads or other necessary works or buildings which may or can be constructed within the limits of the state of Maryland, and in transporting persons, goods, merchandize, or property of any description, along any of said roads, and that the provisions of this act shall be wholly in force, as to all the property of the company, which may be situated or may be within the state of Maryland, and which said company is permitted to hold under this act. Company when organized to have the powers, &c granted by this act
22. And be it enacted, That if said road shall not be commenced in two years from the passage of this act, and shall not be finished within this state in ten years from the time of the commencement thereof, then this act shall be null and void. If not finished in ten years act to be void
23. And be it enacted, That full right and privilege is hereby reserved to the citizens of this state, or any company hereafter to be incorporated under the authority of this state, to connect with the road hereby provided for, any other rail road leading from the main rout to any part or parts of this state, provided that in forming such connection no injury shall be done to the works of the company hereby incorporated. Rights reserved

1827 Chapter 209[edit]

A supplement to the act, entitled, An act to incorporate the Baltimore and Ohio Rail Road Company. Passed March 15, 1828
WHEREAS, doubts are entertained whether by the original act to which this is a supplement, the Baltimore and Ohio rail road company have the power to make and extend the said rail road within the limits of the city of Baltimore: and whereas the purposes of commerce make it absolutely necessary that such a power should be granted to the said company—- Therefore, Preamble
SECTION 1. Be it enacted by the General Assembly of Maryland, That it shall and may be lawful for the president and directors of the said company, to begin the said rail road at any point within the said city of Baltimore which they may think proper, and to make and extend the said road from such point to the outer limits of the said city; and that the same powers, rights and privileges, shall be, and are hereby granted to the aforesaid company, within the limits of the city of Baltimore, in relation to, and in connexion with the said rail road within the said city, as are granted to them in relation to, and in connexion with the said rail road in any other part of the state; and the said company shall within the said city, be subject to the same obligations that are imposed on them in other parts of the state by the original act to which this is a supplement: Authority to construct in the limits of Baltimore city.
Provided always, That the rail road to be constructed within the said city, shall be so constructed and made as not to inferere with the free use and travelling on said streets: And provided also, That the said, rail road shall not pass through any of the streets, lanes or alleys of said city, without the consent of the mayor and city council of Baltimore being first had and obtained. Proviso.
SEC. 2, And be it enacted, That so soon as the state shall have been tailed on, and shall have paid the instalment required of her towards the construction of said rail road, the Governor, by and with the advice of the Council, shall be, and he is hereby authorised and empowered to appoint directors on the part of this state, under the act to which this is a supplement. State debt to appoint director

1830 Chapter 158[edit]

An Act to promote Internal Improvement by the construction of a Rail Road from Baltimore to the City of Washington. Passed Feb 22, 1831.
WHEREAS, a communication by rail ways between the city of Baltimore, in this state, and the city of Washington, in the District of Columbia, would be highly beneficial, as well to this state, and its citizens, as to a great portion of the United States, by the increased facility of communication it would afford between the eastern and southern portions of the union; and the Baltimore and Ohio Rail Road Company have expressed their willingness and desire, with the concurrence of this legislature, to construct a rail road, from some suitable point on that part of the Baltimore and Ohio Rail Road already constructed, in a direction toward the city of Washington, as far as the line of this state, and with the consent and approbation of the congress of the United States, (which they have applied for, and have good reason to expect they will obtain,) continue the same to the city of Washington, so as to effect a complete communication between the two cities by rail ways; and the said company further propose, that the right and option shall be reserved to the state, until the end of one year after the communication by rail way between the said two cities shall be effected and in operation, either to subscribe for and take stock of the Baltimore and Ohio Rail Road Company, to the amount of the whole, or of any part of the funds which shall be expended by the said company in the construction of the said rail road, or to take and hold any part of said amount, not exceeding five-eighths of the whole cost of construction, and of contingent expenses, in a separate and distinct stock, limited in its extent and object to the said cost of the said rail road authorised by this act, whereby this important national work will be effected without any advance of funds, or risk of responsibility by the state, while the right and option will be secured to the slate to derive a full portion of its benefits; and this general assembly deeming it to be beneficial to the state and its citizens, to authorise the extension and construction of the said rail road, on the terms proposed by the said company, and the present being a most propitious moment for the completion of this highly important and useful object, inasmuch as the rate of interest is lower than it has ever heretofore been, and lower than there is any reasonable hope to expect that it will be hereafter; Therefore, Preamble.
Section 1. Be it enacted by the General Assembly of Maryland, That the Baltimore and Ohio Rail Road Company shall be, and they are hereby empowered and authorised, to lay out, survey, locate and construct, a rail road not exceeding sixty-six feet wide on the surface, with the necessary addition for embankments and excavations, from such point or place on that part of the Baltimore and Ohio Rail Road already constructed and in use, not exceeding eight miles from the city of Baltimore, as the said company may deem most convenient, to the line of this state adjoining the District of Columbia, in a direction towards the city of Washington, along the most direct and suitable route that may be reasonably and conveniently practicable; and in the survey, location, construction and use of the said rail road, the said company may and shall have and exercise all the powers, rights and privileges, which they are by their charter empowered and authorised to have and exercise in the survey, location, construction and use of, the rail road from the city of Baltimore to the Ohio River, and be subject to the same conditions and restrictions, except where otherwise provided by this act; Company may locate road
Provided always, that no timber shall be cut on any land other than the bed of the said rail road, by order of the said company, or taken by them for the use of the said road, without the consent of the owner. Proviso.
Sec. 2. And be it enacted, That the state of Maryland shall be entitled and have the option, at any lime before, or within two years after the said rail road shall have been completed and in actual use, to subscribe for and receive stock of the said Baltimore and Ohio Rail Road Company, to the amount of the whole or any part of the cost, including; interest actually paid, and incidental expenses, which shall be incurred by the said company in the extension and construction of the rail road authorised by this act; and the president and directors of the said company are hereby authorised and required, to admit of such subscription, as an increase of the stock of the said company, to the amount which the state, in the exercise of the option and right so reserved, shall elect to take; and the exercise of such right and option shall he in such manner, and by such agent, as the general assembly shall provide; or the state of Maryland shall have the further right and option, to be exercised within the time and in the manner aforesaid, to take and hold as a separaic and distinct stock, any part of the amount of funds which shall be necessarily used in the construction of the rail road aloresaid, not exceeding five-eighths of the whole cost of the said road; and to receive a due proportion of the nett profits which shall be derived from the travelling and transportation on, and other use of the rail road so authorised to he extended and constructed by this act; and on the subscription by the state for the whole, or any part of the amount of the cost of the said rail road, or electing to take and hold a part of the same as a distinct and separate stock, as above provided, the state shall pay for the same to the Baltimore and Ohio Rail Road Company aforesaid, in money, or in stock of the state, bearing interest at the rate of four and a half per centum per annum, to the amount of the stock subscribed for or elected to betaken by the state pursuant to this act, in such way as the legislature shall provide. State entitled to subscribe
Sec. 3. And be it enacted, That the Baltimore and Ohio Rail Road Company shall be entitled to charge and take, as a compensation for the use of the rail road, which they are authorised to construct by this act, and for the conveyance of passengers and transportation of property thereon, at and not exceeding the following rates and amounts, to wit: For conveying any person, or transporting any parcel or property any distance whatever, twelve and a half cents; for conveyimg each person the whole distance between Baltimore and Washington not exceeding one dollar and fifty cents, and four cents per mile for any part of the distance more than three miles; for thfe transportation of any single bale, box, or parcel of merchandize, or other articles, weighing not more than fifty pounds, and measuring in size not more than two cubic feet, the whole distance aforesaid, twenty five cents, or for any distance less than the whole one cent per mile in addition to the twelve and a half cents herein before allowed, provided that in no case shall more than twenty five cents be exacted or received; for any such bale, box or parcel, except flour or grain in barrels or bags, not exceeding tem cubic feet, in size, weighing not more than one eighth of a ton, fifty cents for the whole distance, or for any distance less than the whole, one cent per mile in addition to the twelve and a half cents herein before allowed; Rates
Provided, That in no case shall more than fifty cents be exacted or received for the transportation of all produce, manufactures, merchandize and property, of every description, when the whole quantity transported at the same time for any one parson or copartnership, shall exceed one eighth of a ton, at such rate not exceeding four cents per ton per mile for tolls and transportation in either direction, as shall be regulated and fixed from time to time by the said company; and the said company shall have power to make special contracts for conveying on the said road the mail of the United States for the exclusive use of any car or wagon, or part of a car or wagon, on the said road, for a limited time or distance, and for the transportation thereon of horses, and other living animals, and of carriages, machines, furniture, and articles of large size or unusual construction, or requiring more than ordinary care, or particular arrangements for their conveyance; and the president and directors of the said company, or a majority of them, shall have power from time to time to regulate and fix the prices to be charged and taken for loading and unloading, weighing, storage, receipt and delivery, of all articles and parcels, which shall not be greater than the customary charges for similar services in Washington or Baltimore, and all charges shall be uniform on every part of the said road, and in each direction. Proviso
Sec. 4. And whereas, it is important to the public that the turnpike road between the cities of Baltimore and Washington should be preserved in its present state of usefulness; therefore, Be it further enacted, That the corporations owning said turnpike road, shall he allowed and authorised to subscribe for and furnish a portion of the funds to be used in the construction of the rail road authorised by this act, to an amount not exceeding one hundred thousand dollars, to be divided between the said corporations, in proportion to their respective capitals, and which the said companies shall respectively pay by instalments, to be called for by the Baltimore and Ohio Rail Road Company, from time to time, in just proportion to the expenditures made on the said rail road; and the payments for the subscriptions aforesaid shall be considered as an addition to the present capital of the said two corporations, and may be accordingly noticed in their certificates of the capital stock thereof; ana the said respective turnpike road companies, in their corporate capacities, shall be entitled to receive and hold, as a part of their capital stock, the amount which shall have been subscribed and paid by them as aforesaid, in the same description of stock which shall be elected to be taken by the state, as provided in this act; Corporations owning turnpike may subscribe
Provided always, that the dividends to which the said turnpike companies shall be entitled, in virtue of any subscription and payment as aforesaid, shall be applicable, in the first place, to put and keep their respective portions of said turnpike road in good and sufficient repair; and that the legislature may provide by law for retaining any such dividend, whea any part of the said road shall be out of repair, and for the application of so much of said dividend as shall be proper and necessary for the repair of such road; Provided also, that in case the state of Maryland shall not elect to take stock in the manner herein before provided, then the Baltimore and Ohio Rail Road Company shall be entitled and bound to permit the said turnpike road companies respcctivelv, at their option, to subscribe for and take stock of the said Baltimore and Ohio Rail Road Company, at the par value thereof, to the amount which the said turnpike road companies shall have severally subscribed and paid as aforesaid, or if so required by the said turnpike road companies, to return and pay to them respectively, the money which either of the said companies may have subscribed and paid, with interest thereon, at the rate of five per centum per annum from the time of its payment, until it shall be returned as aforesaid; and that the respective determinations of the said turnpike road companies, to subscribe and pay as aforesaid, shall be signified by resolutions of the president and managers of each company, under their corporate seal, and he so certified to the Baltimore and Ohio Rail Road Company, on or before the first day of May next, otherwise the rights granted by this section, and the provisions therein contained, shall be void. Provisos.
Sec. 5. And be it enacted. That when the legislature shall provide for the exercise of the option and right reserved to the state, as mentioned in the second section of this act, they may also provide for the appointment of such directors, auditors, for the purpose of liquidating the accounts, and ascertaining the actual cost of the said rail road, and other officers or officer, to have charge and superintendance of the interest of the state, in any separate stock, which the state shall so elect to take, in such manner as so the legislature shall seem proper, the control of the state over the rail road hereby authorised to be constructed, to be always commensurate with the amount of the state's interest therein; Right reserved to state
Provided, That nothing herein, contained shall be so construed to preclude the legislature of this state from the imposition of such taxes as may be reasonable and just, in accordance with the burthens imposed on other real or personal property. Proviso
Sec. 6. And be it enacted. That it shall be the duty of the president, or chief officer of the Baltimore and Ohio Rail Road Company, to report upon oath, or affirmation, to the General Assembly, on the first day of each session, the amount of money expended in forming the road hereby authorised, and the amount of tolls and other charges received therefrom. Repeal to be made of a mounts of cost, &c.
Sec. 7. And be it enacted. That if the said rail road shall not be commenced within one year from the passage of this act, and finished within this state in three years thereafter, then this act shall be null and void. If not commenced within one year act to be void.

1853 Chapter 431[edit]

AN ACT to incorporate the Washington County Rail Road Company. Passed May 30, 1853.
SECTION 1. Be it enacted by the General Assembly of Maryland, That Daniel Weisel, William Loughridge, Samuel Claggett, Robert Fowler, John Wolf, Hezekiah Boteler, George Cushwa, Elias Davis, John Snyder, Wilfred D. McCardell, William Stonebraker, William B. McLain, William Miller, Emory Edwards, Thomas S. Crampton, George Strause, James H. Carter, Henry S. Garrett, Zenos Barnum and David Brumbaugh, be, and they are hereby appointed commissioners, under the direction of a majority of whom, subscriptions may be received to the capital stock of the Washington County Rail Road Company, for the purpose of surveying, locating and building a rail road from Hagerstown, by the most practicable route, to some point on the Baltimore and Ohio rail road, at or within three miles east or west from Weverton, not exceeding sixty-six feet wide, and that the said commissioners or a majority of them may cause books to be opened at such times and places as they may direct for the purpose of receiving subscriptions to the said capital stock of said company, to which any person, corporation or association of individuals may subscribe after having given such notice of the times and places of opening the same as they may deem proper, and if such a subscription to the capital stock of said company as is necessary for its incorporation be not previously obtained, the said books may be opened, from time to time, at the discretion of said commissioners or a majority of them, and if any of the said commissioners shall die, resign, or refuse to act during the continuance of the duties devolved upon them by this act, another may be appointed in his stead by the remaining commissioners or a majority of them. Commissioners appointed.
SEC. 2. And be it enacted, That the capital stock of the Washington county rail road company, shall be one million dollars, in shares of twenty dollars each, which said capital may be increased at the discretion of the directors to be appointed as hereinafter provided for, to an amount not exceed one and an half millions of dollars, Capital stock.
and as soon as five thousand shares of the capital stock shall be subscribed, the subscribers of the said stock their successors and assigns, shall be, and they are hereby declared to be incorporated into a company, by the name of the Washington County Rail Road Company, and by that name shall be capable in law of purchasing, holding, selling, leasing and conveying estates, real, personal and mixed, so far as shall be necessary for the purpose hereinafter mentioned, and no further, and shall have perpetual succession, by said corporate name, may sue and be sued, and may have and use a common seal, which they shall have power to alter or renew at their pleasure; and shall have, enjoy and may exercise all powers, rights and privileges which are necessary for the purposes mentioned in this act. Incorporated.
SEC. 3. And be it enacted, That upon every subscription there shall be paid at the time of subscribing to the said commissioners or their agents appointed to receive such subscriptions, the sum of one dollar on every share subscribed, and the residue thereof shall be paid in such instalments as the president and directors of said rail road, hereinafter directed to be appointed, shall require; At the time of subscribing $1 per share to be paid.
Provided, that no payment shall be demanded until at least thirty days public notice shall be given in at least two newspapers published in Washington county, and one in the city of Baltimore; and if any subscriber shall fail or neglect to pay any instalment or part of said subscription, thus demanded, for the space of sixty days next after the time the same shall be due and payable, the stock on which it is demanded shall be forfeited to the company, but the president and directors may remit any such forfeitures on such terms as they shall deem proper; Provided always, that in addition to the forfeiture aforesaid, the said company shall be entitled to receive, sue for and recover the said instalment and subscription due as aforesaid, in such manner as other debts and claims are now recoverable by law. Provisoes.
SEC. 4. And be it enacted, That if the subscription herein deemed necessary to the incorporation of said company shall not be obtained within two years after the first opening of subscription books by the said commissioners, thus act and all the subscriptions under it, shall be null and void, and the said commissioners after discharging the expenses of opening the books, shall return the residue of the money to the several subscribers in due proportion to the sums respectively paid in by them. Subscriptions.
SEC. 5. And be it enacted, That as soon as five thousand shares of said capital stock shall have been subscribed, if within two years after the first opening of the books, the said commissioners or a majority of them, shall give thirty days public notice of the time of holding an election for a president and twelve directors of said company, and that in said election the stockholders may vote in person or by proxy, according to the number of shares held; Election of president and directors.
and the commissioners aforesaid or three or more of them, shall be judges of the first election of directors, and any stockholder shall be eligible as president and director, and the said commissioners shall deliver over the original subscription to the president and directors immediately after their election. Judges of election.
SEC. 6. And be it enacted, That to continue the succession of the president and directors of said company, twelve directors shall be chosen annually, after notice as aforesaid, on the second Monday in January, in every year, by the stockholders of said company, and the directors or a majority of them, shall have power to appoint judges of elections, and to elect a president of said company from among the directors, and to allow him such compensation for his services as they may deem proper; President and directors to be chosen annually.
and if any vacancy shall occur by death, resignation or refusal to act of the president or any of the directors of the said company, the president and directors or a majority of them, shall elect some person or persons to serve until the next annual election; and the said president and directors of the company shall hold and exercise their offices until a new election of president and directors; and that all elections which are by this act or by the laws of the said company to be made on a particular day, if not made on such day, may be made at any time within sixty days thereafter, after notice as aforesaid. Vacancy——how filled.
SEC. 7. And be it enacted, That a general meeting of the stockholders may be called at any time upon giving thirty days public notice; Provided, that a majority of the stockholders holding a majority of the capital stock of said company shall be required to transact business in such meeting of the stockholders. Meeting of stockholders.
SEC. 8. And be it enacted, That the said president and directors or a majority of them, may appoint all such officers, engineers, agents or servants whatsoever, as they may deem necessary for the transaction of the business of the company, and may remove them at their pleasure; Officers.
and they or a majority of them, shall have power to determine, by contract, the compensation of all such officers, in the employ of said company, and to determine the manner of adjusting and settling all accounts against said company, and also the manner and evidence of the transfer of stock in said company; Compensation.
and they or a majority of them, shall have power to pass all by-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 act into effect; Provided, only, that such by-laws shall not be contrary to the laws of the United States, or the laws of this State, or any of the provisions of this act. Power to pass by-laws.
SEC. 9. And be it enacted, That if the capital stock of said company shall be deemed insufficient for the purposes of this act, then and in that case, it shall and may be lawful for the president and directors of said company or a majority of them, from time to time, to increase the said capital stock by the addition of as many shares as they may deem necessary, for which they may, at their option, cause subscriptions to be received in the manner prescribed by them, or may sell the same for the benefit of the company, for any sum not under their par value; and that they or a majority of them, shall have power to borrow money for the objects of this act, to issue certificates or other evidence of such loans, and to pledge the property of the company for the payment of the same and its interest. May increase capital stock.
SEC. 10. And be it enacted, That the president and directors of said company shall be, and they are hereby invested with all the rights and powers necessary to the construct a road or roads from Hagerstown, to any point on the Baltimore and Ohio rail road, within the limits of Frederick or Washington counties as prescribed in the first section of this act, not exceeding sixty-six feet wide, with as many sets of tracks as the said president and directors may deem necessary; and they may cause to be made, or contract with others for making said rail roads, and they, their agents, or those with whom they may contract for making any part of the same, or their agents, after the purchase and condemnation thereof in the manner hereinafter prescribed, may enter upon, and use and excavate any land which may be wanted for the site of the said rail road, or the erection of the warehouses or other works necessary for said rail road, or for any other purposes necessary for the construction or repair of said road or its works, and that they may build bridges, fix scales and weights, lay rails, and may taken and use any earth, timber, gravel, stone or other materials, which may be wanted for the construction or repair of any part of said road or any of its works, and may make and construct all works whatsoever, necessary or expedient in order to the proper completion of said road. President and directors vested with power to construct road, &c.
SEC. 11. 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 repair of said road or its works for the purchase or use and occupation of the same; May agree with owners of land, &c.
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, to the sheriff of said county, requiring him to summon a jury of twenty inhabitants of said county, not related nor in anywise interested in the premises, to meet on the land or near the other property or materials to be valued, on a day to be specified in said warrant, not less than ten nor more than twenty days after issuing the same; and if at such time and place in case any of the jurors summoned do not attend, the said sheriff shall immediately summon as many jurors as may be necessary, with the jurors in attendance, to furnish a panel of twenty jurors in attendance, and from them each party, its, his, her or their agent, and if either be not present, in person or by agent, the sheriff may strike off four jurors, for each of the absent parties, and the remaining twelve shall act as the jury of inquest of damages; In case of disagreement, sheriff to summon jury of inquest.
and before they act as such the sheriff shall administer to each of them an oath or affirmation, as the case may be, that he will justly and impartially value the damages which the owner or owners of said lands and materials will sustain by the use or occupation of the same, required by the company; Oath.
if required by the party or parties, whose lands are to be effected by their proceedings, the jury shall cause to be summoned such witnesses as the parties may require, and shall examine them, on oath, in relation to the value of the property to be condemned, and the damages to that adjoining; Witnesses may be summoned.
and they shall reduce the testimony, if any is taken by them, to writing, and after the testimony is closed in each case, and without any unnecessary delay, and before proceeding to the examination of any other claim, they shall ascertain and determine the compensation which ought justly to be made by the said company to the party or parties owning or interested in the real estate appraised by them; and said company shall give written notice to all persons, whose interests are to be effected by the condemnation of any lands, of the time and place of holding the inquisition, at least ten days prior to the holding of such inquisition; Testimony to be reduced to writing.
and the said jury shall reduce their inquisition to writing, and shall sign and seal the same, and it shall then be returned by the said sheriff to the clerk of the circuit court for his county, and by such clerk filed in his court, and shall be confirmed by said court at its next session, if no sufficient cause to the contrary be shewn, and when confirmed, shall be recorded by said clerk at the expense of said company; Inquisition to be recorded by clerk of Circuit court.
but if set aside the said court may direct another inquisition to take place in the mode before described, and such inquisition shall describe the property taken, or the bounds of the land condemned, and the quantity or duration of the interest in the same, valued for the company, and such valuation when paid or tendered to the owner or owners of said property, or his, her or their legal representatives, shall entitle the said company to the estate and interest in the same thus valued, as fully as if it had been conveyed by the owner or owners of the same; and the said valuation, if not received when tendered, may at any time thereafter be received from the company, without cost, by the said owner or owners, his, her or their legal representatives; If set aside, court may direct another inquisition.
Provided, that no private property shall be taken by said company for the use of said road without just compensation as agreed upon between the parties or awarded by the jury, being first paid or tendered to the party entitled to such compensation; And provided, that no timber of any kind shall be cut on any land other than the bed of the rail road by the company or taken by them, or any of their agents or employees for the use of the said rail road, without the consent of the owners; And provided further, that all costs and expenses that may accrue in consequence of the condemnation of any lands or material for the use of the said rail road shall be paid by said rail road company. Provisoes.
SEC. 12. And be it enacted, That whenever, in the construction of said road or roads, it shall be necessary to cross or intersect any established road or way, either public or private, it shall be the duty of the said president and directors of said company, so to construct the said road across such established road or way, as not to impede the passage or transportation of persons on property along the same, or when it shall be necessary to pass through the lands of any individuals, it shall also be their duty to provide for such individuals, proper wagon ways across said road or roads, from one part of his lands to the other; and whenever any road or roads may hereafter be authorised to be made by the Legislature where it may be necessary to to cross said rail road, the company shall make or cause to be made a proper and convenient way for said road to cross; the expenses of which shall be paid as the Legislature may direct. Proper wagon ways to be provided in crossing other roads.
SEC. 13. And be it enacted, That if the said company should neglect to provide wagon ways across said roads as required by the twelfth section of this act, it shall and may be lawful for any individual to sue said company, and be entitled to such damages as a jury may think him or her entitled to for such neglect or refusal on the part of said company. Liable for damages, in case of neglect to provide wagon ways.
SEC. 14. And be it enacted, That said company shall start and run their cars for the transportation of passengers and property, at regular times, to be fixed by public notice, and shall furnish and sufficient and full accommodations for the transportation of all such passengers and property as shall, within a reasonable time previous thereto, be offered for transportation at the place of starting, and at the usual stopping places established for receiving and discharging way passengers and freight for that train, and shall taken, transport and discharge such passengers and property at, from and to such places, on the due payment of the freight or fare legally authorised therefor, and shall be liable to the party aggrieved in an action for damages for any neglect or refusal in the premises. To run cars at regular times.
SEC. 15. And be it enacted, That a steam whistle shall be attached to each locomotive engine, and be rounded at least one hundred rods from the place where the rail roads shall cross any road or street, except in cities, and be sounded at intervals until it shall have crossed such road or street, under the penalty of thirty dollars, for the neglect of the provisions of this section, to be sued for before any justice of the peace of the election district in which such neglect may happen, in ten days after such penalty was incurred, one-half thereof to go to the informer, and the other half to the county in which such neglect may happen; and said company shall also be liable for all damages which may be sustained by any person by reason of such neglect, and all penalties imposed by this act may be sued for in the name of the State; and if such penalty shall be for a sum not exceeding one hundred dollars, then such suit may be brought before a justice of the peace, and may be commenced by serving a summons on any director, agent or engineer of said company. Steam whistle to be placed on locomotive, and sounded in crossing roads, &c.
SEC. 16. And be it enacted, That the company shall be entitled to exact or receive not more than four cents a ton per mile on all goods, merchandise or property of any description whatsoever, transported on said rail road, and also not exceeding four cents per mile for each passenger whom they may transport. Charges for transportation.
SEC. 17. And be it enacted, That the said president and directors shall, annually or semi-annually, declare and make such dividends as they may deem proper, of the net profits arising from the resources of the company, after deducting the necessary current and probable contingent expenses, and that they shall divide the same among the stockholders of said company, in proportion to their respective shares. Dividends.
SEC. 18. And be it enacted, That if any person or persons shall wilfully, by any means whatsoever, injure, impair or destroy any part of any rail road constructed by said company under this act or any of the necessary works, buildings, carriages, vehicles or machinery of said company, such person or persons so offending shall each of them for every such offence forfeit and pay to the said company the actual damages sustained, which may be recovered in the name of the said company by an action of debt before any justice of the peace or in the circuit court for the county where such offences may be committed, and upon conviction of such offence shall be punished by fine and imprisonment in the discretion of the court. Forfeiture for injuring road.
SEC. 19. And be it enacted, That if this road shall not be commenced in two years from the passage of this act, and shall not be finished in ten years from the time of its commencement, then this act shall be null and void. When to be commenced and finished.
SEC. 20. And be it enacted, That nothing in this act shall be so construed, as to authorise the said company to issue any note, token, scrip, or other evidence of debt to be used as currency; Banking forbid.
and the Legislature hereby reserves the right to alter, amend or repeal this act at pleasure. Reservation.

1882 Chapter 223[edit]

AN ACT to authorize the Baltimore and Ohio Railroad Company, in the construction of its Philadelphia Branch, to cross other railroads, and to regulate the mode of crossing the Tide-water Canal and the Susquehanna River by said Philadelphia Branch.
SECTION 1. Be it enacted by the General Assembly of Maryland, That the Baltimore and Ohio Railroad Company, in the construction of its Philadelphia Branch, shall be and is hereby authorized to cross at, under or above grade any railroad or railroads now or hereafter constructed; Authorized to cross.
and if said Baltimore and Ohio Railroad Company cannot agree with the company or companies owning and operating such railroad or railroads as to the compensation and terms upon which said crossing or crossings shall be made, then the said Baltimore and Ohio Railroad Company may condemn the easement of such crossing or crossings in the same mode prescribed for the condemnation of lands of individuals by the act incorporating said Baltimore and Ohio Railroad Company, and the amendments thereof, and supplements thereto, and under which the lands of individuals necessary for said Philadelphia Branch are to be condemned; Condemn easement.
provided that if any of said crossings shall be at grade, then said Baltimore and Ohio Railroad Company shall at its own expense erect a proper signal station at such crossings, and keep a watchman thereat, and the trains of the company owning or operating the said road so crossed at grade shall have precedence over the trains of the Baltimore and Ohio Railroad Company run upon the said Philadelphia branch; Erect signal station.
and, provided further, that if said crossings shall be under or over grade, they shall be so constructed by said Baltimore and Ohio Railroad Company as not to interfere with the passage of trains under or over the same by the company or companies operating the railroad so crossed by the Philadelphia branch. aforesaid, and said company, before constructing any bridge across the Susquehanna river or tide water canal, shall first receive the approval of the board of public works of the plan and character of bridge to be constructed; and said board shall be authorized to prescribe all necessary conditions for the construction and use of said bridge so as not to impede navigation; and said company shall be, and it is hereby required to stop every local or accommodation passenger train passing over said bridge constructed over the Susquehanna river, at each end thereof, long enough for passengers to get on and off said train; Crossings how constructed.
and it shall be, and it is hereby required to allow all persons to pass over said bridge on said trains free of charge; and, provided further, that a crossing at grade over the tracks of the Philadelphia, Wilmington and Baltimore Railroad Company shall not be made without the consent of said company, if a crossing of the said tracks at an overgrade or at an undergrade is reasonably practicable, and the practicability of an under or overgrade crossing shall be determined by the Circuit Court for the county or city in which such crossing of the tracks of the Philadelphia, Wilmington and Baltimore Railroad Company is sought to be made; Pass over bridge free of charge.
and if the court shall be of opinion that no other than a grade crossing is reasonably practicable at the point designated for said crossing by the Baltimore and Ohio Railroad Company, but shall be of opinion that an overgrade or undergrade crossing is reasonably practicable at some other point, then the said court shall designate and determine the point and mode of crossing, and either party may appeal within twenty days from the determination of the said Circuit Court in the said matter to the Court of Appeals, and upon the entry of said appeal, the clerk shall forthwith send to the Court of Appeals a transcript of the record, including therein a statement of the evidence taken in the court below, certified to be a correct statement thereof by the said court, and the Court of Appeals shall proceed to hear and determine the said matter as soon after the filing of the said record in said court as shall be practicable. Court to designate point of crossing.
SEC. 2. And be it enacted, That so soon as the structure of such bridge, if the same shall contain a draw, shall be placed on the piers thereof, the said Baltimore and Ohio Railroad Company shall be re quired to keep a good and sufficient steam tug, or towhoat, at the location of such bridge, and shall, at all times during the season of the open navigation of the Susquehanna river, keep the said tug or towboat to enable every vessel or vessels to get through or from said bridge, Keep steam tug.
and in case of the neglect or refusal of the officer or officers of said tugboat to tow through or from said bridge any vessel or vessels that may require the aid of said tug or towboat, then the said Baltimore and Ohio Railroad Company shall be liable for damages to the owner or owners, master or masters of said vessel or vessels for every such detention in a sum not less than five nor more than twenty dollars, to be recovered before any justice of the peace of Cecil or Harford counties. Liable for damages.
SEC. 3. And be it further enacted, That this act shall take effect from the date of its passage. Effective.
Approved April 3, 1882.

1884 Chapter 232[edit]

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 authorize the construction of Lateral Railroads from its Philadelphia Branch Railroad, and to regulate the mode of condemning property by said Railroad Company.
SECTION 1. Be it enacted by the General Assembly of Maryland, That the Baltimore and Ohio Railroad Company be and it is hereby authorized and empowered to construct lateral railroads in any direction whatsoever in connection with its Philadelphia Branch Railroad, which said Philadelphia Branch Railroad said company is now constructing from a connection with its main stem in the city of Baltimore to the boundary line between Delaware and Maryland, in the county of Cecil; B. & O.R.R. authorized to construct railroads
but said company shall only construct said lateral railroads in connection with said Philadelphia Branch Railroad in that part of the city of Baltimore known as "Canton," and opposite "Locust Point," in said city, and south of Toone street, Where in Baltimore city.
and in the following counties, namely, Baltimore, Harford, Cecil and the other counties upon the Eastern Shore of Maryland; and in the location of any part of said lateral railroads said company may, with the assent of the county commissioners, occupy any public highway in said counties, upon such terms as said county commissioners may prescribe; Counties.
and in the construction, use and operation of said lateral railroads, said company shall have all the rights, powers and privileges given to it by the said act to which this is a supplement, and the several amendments and supplements thereto, in relation to the construction, use and operation of its main line and the branches thereof, together with the right and power of crossing other railroads, and condemning an easement therefore, as provided by the act of eighteen hundred and eighty-two, chapter two hundred and twenty-three; Rights, powers and privileges.
but any lateral road so constructed shall be subject to the same state, county and municipal taxation as is imposed upon other railroads whose charters do not exempt the same from taxation. Subject to taxation.
SEC. 2. And be it enacted, That in the exercise by said company of the powers of condemnation of property in the counties for said lateral railroads, and for said Philadelphia Branch Railroad, the circuit courts shall have the same powers in relation to any inquisition made and returned by the jury of inquest of damages, summoned in the manner provided by the act to which this is a supplement, and the amendments and supplements thereto, which by said acts are conferred upon the county courts; Powers of circuit courts in inquisitions.
but in all proceedings for the condemnation of property for said lateral railroads and said Philadelphia Branch Railroad, made under the authority of this act, and the act to which this is a supplement, and the amendments and supplements thereto, the respective courts to which the inquisitions are returned shall have full power to confirm said inquisitions at any time after the return of the same to the respective clerks of said courts, if no sufficient cause to the contrary be shown; Power to confirm.
but thirty days after such return shall be allowed in which to file objections to the confirmation of said inquisitions. Time to file objections.
SEC. 3. And be it enacted, That this act shall take effect from the date of its passage. Effective
Approved March 28, 1884.

1884 Chapter 233[edit]

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.