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ROADS.
AN ACT authorizing Gates to be kept on the Public Roads in Queen
Anne's County,— 1823, ch. 107.
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2123
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WHEREAS, it has long been a practice of the citizens of this
state owning or residing on lands through which public roads
have passed to keep gates on said roads, for their own private
use and convenience, without any legal authority for so doing ;
And whereas, the county court of Queen Anne's county, at
their last May term, after a full investigation of the subject,
hath decided that gates on the public roads were public nui-
sances, thereby subjecting the owners or keepers of them to
all the penalties imposed by law on such as shall impair or
obstruct the public highways, whereby the real estates of
many citizens would be rendered of little value, and not a few
of them totally ruined for want of materials to enclose their
fields ; therefore,
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Preamble.
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SEC. 1. Be it enacted, by the General Assembly of Maryland,
That from and after the passage of this act, it shall and may be
lawful for any of the citizens of Queen Anne's county, to
keep on the public roads in said county, all such gates as are
now erected on the public roads, for their own private use and
convenience, upon the express conditions following: all and
every owner or owners of a gate or gates kept on public roads,
shall have his, her, or their gate or gates hung on good and
sufficient iron hinges, and shall keep the same, and that part of
the said road which they occupy in good order and repair, so
as to impede as little as possible persons travelling with car-
riages of pleasure or burthen.
SEC. 2. Repealed by 1824, ch. 167.
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Conditional
privilege.
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SEC. 3. And be it enacted. That on all gates authorized by
this act to be kept on the public roads, the owner or owners
thereof shall pay annually a tax of one dollar for each and
every gate by him, her or them kept on the public roads in
said county.
SEC. 4. Repealed by 1824, ch. 167; 1831, ch. 37.
SEC. 5. Repealed by 1831, ch. 37.
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Tax
payable.
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SEC. 6. And be it enacted, That all moneys collected by
the collector of the said county under the provisions of this
act, shall be paid over to and applied by the levy court of said
county to defraying the county charges.
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Disposition
of money.
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SEC. 7. And be it enacted, That in all cases where tenants
shall reside on lands through which public roads may pass,
and shall keep gates thereon, it shall and may be lawful for
such tenants to enter such gates in the manner prescribed by
the fourth section of this act, and to pay the tax thereon, who
shall be allowed the same by his landlord in his rent upon
producing the collector's receipt, showing that he has paid the
same.
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Tenants
authorized.
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