TWENTY-FIRST CONGRESS. Sess. II. Ch. 85. 1831.

477

and Ohio Railroad Company are hereby authorized to exercise the samepowers, rights, and privileges, and shall be subject to the same restrictions,in the extension and construction of the sai'd lateral railroad into andwithin the said district, as they may exercise, or are subject to, underand by virtue of their said charter or act of incorporation, in the exten-sion and construction of any railroad within the state of Maryland , andshall be entitled to the same rights, compensation, benefits, and immuni-ties in the use of the said road, and in regard thereto, as are provided intheir said charter, except the right to construct any lateral road or roadswithin the said district from the said lateral branch or road hereby au-thorized, it being expressly understood that the said Baltimore and OhioRailroad Company shall have power only to construct from the said Bal-timore and Ohio railroad one lateral road within the said district, to somepoint or terminus within the city and county of Washington, to be deter-mined in the manner hereinafter mentioned: Provided, always, and be itenacted, That before the Baltimore and Ohio Railroad Company afore-said shall proceed to construct any railroad which they may lay out orlocate, on, through, or over any land or improvements, or to use, take foruse any earth, stone, or other materials, on any land within the said dis-trict, they shall first obtain the assent of the owner of such land, improve-ments or materials, or, if such owner shall be absent from said district,or shall refuse to give such assent on such terms as the said companyshall approve, or, because of infancy, coverture, insanity, or any othercause, shall be legally incapable of giving such assent, then it shall belawful for the said company to apply to a justice of the peace of thecounty of Washington, who shall thereupon issue his warrant, under hishand and seal, directed to the marshal of the said district, requiring himto summon a jury of twenty inhabitants of the said district, none ofwhom shall be interested, or related to any person interested in the landor materials required for the construction of the said railroad, or a stock-holder, or related to any stockholder, in the said company, to meet onthe land, or near to the other property or materials so required, on a daynamed in such warrant, not less than three nor more than fifteen daysafter issuing the same, to proceed to value the damages which the owneror owners of any such land or other property will sustain by the use oroccupation of the same, required by the said company; and the proceed-ings, duty, and authority of the said marshal, in regard to such warrantand jury, and the oath or affirmation to be administered, and inquisitionto be made and returned, shall be the same as are directed and author-ized in regard to the sheriff, by the fifteenth section of the said act of theGeneral Assembly of the state of Maryland, incorporating the said Bal-timore and Ohio Railroad Company ; and all the other proceedings inregard to such jury, and the estimating and 1 valuation of damages, andthe payment or tender of payment of any damages ascertained by suchvaluation and effect thereof, and of the view of any lands, or other pro-perty, or materials, as to giving the said company a right to use the samefor the use or construction of any railroad within the said district, ashereby authorized, shall in every case, and in every respect, be the sameas is provided in and by the above-mentioned act of incorporation inregard to the railroads thereby authorized to be constructed by the saidcompany : Provided, also, and be it enacted, That whenever the saidcompany, in the construction of a railroad into or within the said dis-trict, as authorized by this act, shall find it necessary to cross or intersectany established road, street, or other way, it shall be the duty of the saidcompany so to construct the said railroad across such established road,street, or other way, as not to impede the passage or transportation ofpersons or property along the same; and, where it shall be necessary topass the said railroad through the land of any individual within the saiddistrict, it shall also be the duty of the said company to provide for such

Restriction.

Proviso: pro-ceedings for ap-propriation oflands, &c.

Proviso: otherroads not to boobstructed.

Wagon waysto be provided.