CHAP.
LXXXIII.
New ferries
may be esta-
blished, &c.
 
 
 
 
 

Penalty for
keeping ferry
without licence, 
&c.
 
 

Court, in cer-
tain cases, may
issue a warrant,
&c.

III. AND BE IT ENACTED, That when and so often as it shall happen, that by the lawful altera-
tion of an old road, or the opening of a new road, leading to any creek or river, a communication
over and across the same, by means of a ferry, shall, in the judgment of the respective county courts,
be deemed useful and necessary, in every such case it shall be lawful for the justices of the said county
courts, and they are respectively hereby authorised and empowered, to establish and regulate a public
ferry at every such place, and to license any approved person or persons to keep the same, and to 
ascertain the prices of ferriage thereat, and the number of boats an dhands to be employed, and
to require recognizances, with sufficient securities, for keeping the same, in like manner, to all
intents and purposes, as the said courts are now required by law to do in cases of ferries heretofore
established.

IV. AND BE IT ENACTED, That if any person or persons whatever shall, after the first day of
April next, presume to keep a ferry for hire or reward at any place where a ferry is now, or shall
hereafter be established, without obtaining a licence, and entering into a recognizance, and comply-
ing with the several requisites directed by the existing laws in relation to ferries, every such person
shall forfeit and pay the sum of fifty dollars for every offence, and moreover shall be subject to all and
singular the like penalties as are imposed upon licensed ferrymen for neglect of duty.

V. AND BE IT ENACTED, That if the proprietor or proprietors of the land at any place now used
as a public ferry, or where a public ferry may hereafter be established or set up according to the pro-
visions of this act, shall refuse or neglect for the space of two months to take out a licence agreeably
to this act, or to rent the houses and land commonly used with, or necessary for, such ferry, to some
person to be approved of by the said court, who will take out a licence for the same, or be under
any disability to take out a licence, or to rent as aforesaid, by reason whereof the same shall be
delayed to be done, to the inconvenience of the public, for the space of three months beyond the an-
nual time for granting such ferry licences, in such case the county court of the county in which such
land shall lie, shall issue their warrant to the sheriff of their county, to summon twelve respectable
disinterested persons, qualified by law to be jurymen, an dalso the surveyor of the county, to meet
on the premises, on a day by him to be appointed, of which due and timely notice shall be given by
the said sheriff to the owner or owners, possessor or possessors, of such land; and the said jury shall
then and there, upon viewing the place, determine how much land, not exceeding two acres, and
not including the dwelling-house, garden, orchard or meadow, of the owner or possessor, or any part
thereof, shall be necessary and most convenient to be laid off for the use of such ferry, and the said
surveyor, under their direction, shall survey and lay off the same, and make a correct plot and certifi-
cate thereof, and shall deliver the same to the said sheriff, to be returned to the said county court;
and the said jury shall then and there estimate the value of the said land, in doing which they shall
take into consideration all the advantages of its situation for the purposes of keeping a ferry, or
pursuing any other business, having first taken an oath, or affirmation, as the case may be, justly and
impartially to value the said land; and they shall make an inquest of their proceedings as aforesaid, 
under their hands and seals, which shall be returned by the said sheriff, with the certificate an dplot,
aforesaid, to the next county court; and if the proprietor of the said land shall think himself aggrieved
by the quantity of land laid off, or by the manner of laying off the same, or by the valuation
thereof by the said jury, it shall and may be lawful for him or her to apply to the said county court,
at any time before the end of the next court to that at which the inquest aforesaid shall be returned,
who may, in a summary way, examine the said proceedings, and ratify or correct the same in any of
the particulars above mentioned, and shall thereupon order and adjudge that the said land shall
thenceforward become the property of the said county for ever, upon the value thereof as aforesaid
being paid to the said owner or owners; and the clerk of the said county court shall transmit a copy
of such order and judgment of the said court, and a certificate of the valuation of the land con-
demned, to the levy court of the same county, who shall assess and levy the same in the same manner
as other county expences, and shall order such sum, when levied, to be paid over to the person or
persons entitled to receive the same, as being interested in such condemned land; and it shall there-
upon be lawful for the sai dcourt to direct the necessary buildings to be erected thereon at the
expence of the county, and the same shall be annually rented out by them for the use and benefit of
the said county; provided always, that in cases of infancy, or other legal disability, it shall and may
be lawful for such infant or other person, or his or her legal representative, whose land may be con-
demned under the provisions of this act, at any tmie within three years after the removal of such
disability, to repay to the levy court aforesaid, or their collector, the amount of the valuation of
such condemned land, if the same shall have been paid as above directed, and also the real value, at
the time of such disability being removed, of any buildings or other improvements that may have
been erected thereon at the expence of the county, or if the same be refused, to make a tender
                                                                                                                       thereof,