MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
The Annapolis and Elk Ridge Railroad Company was incorporated by an act of assembly of Maryland, passed March 21, 1837, Sect. 5 of its charter is as follows: —
"And be it enacted, that the president and directors of the said company shall be, and they are hereby, invested with all the rights and powers necessary to the construction and repair of a
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