| 1796. |
LAWS of MARYLAND.
|
CHAP.
LXIX.
A road to be
laid out, &c. |
X. And be it
enacted, That the said company
shall cause a road to be laid out
sixty-six feet wide, twenty-one
feet whereof in breadth, at least, shall be made
an artificial road, which shall
be bedded with wood, stone, gravel, or any other
hard substance, well compacted together,
a sufficient depth to secure a solid
foundation to the same; and the
said road shall be faced with gravel, or stone
pounded, or other small hard substance,
in such manner as to secure a firm, and,
as near as the materials will admit,
an even surface, rising towards the middle
by a gradual arch; and the said
road shall be made so nearly level in its progress
as that it shall in no place rise
or fall more than will form an angle of four
degrees with an horizontal line,
and shall for ever thereafter maintain and keep
the same in good and perfect order
and repair. |
President, &c.
may agree
with owners
applying for
satisfaction,
&c. |
XI. And,
whereas the widening and streightening the old roads, making the
new, may cause damage to the owners
of the lands through which the said road
may pass, and it is reasonable and
just the owners should, if they require it,
receive a reasonable compensation
therefor, Be it enacted,
That if the proprietors
of the lands through which the present
road now passes, and which shall be
condemned by the said commissioners
appointed as aforesaid to lay out said road,
shall apply to the president and
directors for any satisfaction for the addition of
the forty-six feet to the present
legal breadth of the said road, the said president
and directors, or a majority of
them, may agree with the owner or owners of
said land for the purchase of the
additional quantity required; and the said
president and directors may agree
with any owner or owners of land through
which the said road may be newly
carried, for the purchase thereof, and in case
of disagreement, or in case the
owner shall be a feme-covert, under age, or non
compos, or out of the state
or county, on application to any one justice of the
county in which such lands may lie,
the said justice shall issue his warrant, under
his hand, to the sheriff of his
county, commissioning him to summon twelve
freeholders, inhabitants of the
said county, not related to the said owner, nor
in any manner interested, to meet
on the land to be valued at a day to be expressed
in the warrant, of which five days
notice shall be given by the said
sheriff to the owner of the said
land, or left at his last place of abode, or given
to his or her guardian, if an infant,
or if out of the state or county, by publishing
notice thereof not less than eight
weeks successively in the George-town or
one of the Baltimore papers; and
the sheriff, on receiving the said warrant, shall
then summon the said jury, and when
met, shall administer an oath, or affirmation,
to every juryman, who shall swear,
or affirm, as his case may require,
that he will justly, faithfully
and impartially, value the lands, and all damages
the owner thereof will sustain by
the road passing through the same, having regard
to all circumstances of conveniencies,
benefits or disadvantages, according
to the best of his skill and judgment,
and the inquisition thereupon taken shall
be signed by the sheriff, and seven
or more of the said jury, and shall be conclusive,
and the same shall be returned to
the clerk of the county, to be by him
recorded at the expence of the said
company; and the valuation expressed in
such inquisition shall be paid by
the said president and directors to the owner of
the lands, or his legal representative,
before the said president and directors shall
proceed to open the said road. |
And also for
stone, gravel,
&c. |
XII. And be
it enacted, That in all cases
where stone, gravel or other materials,
shall be necessary for making or
repairing the said road, the said president
and directors, or a majority of
them, may agree with the owner or proprietors
of the said materials for the purchase
of the same, or with the said owner or
owners of the land on which the
same may be, for the purchase of said land,
and in case of disagreement, or
in case the owner shall be a feme-covert, under
age, or non compos, or out
of the state or county, on application to one justice
of the county in which such materials
may lie, may proceed in all respects in
the same manner for condemning the
said materials for the use of said road, as in
the like cases where lands are directed
to be taken and condemned as aforesaid for
making the said road, and the said
parties respectively shall have the same benefit
and advantage of the said proceedings
as they will have under and in virtue of
the said provision for condemning
land herein before mentioned. |
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