THOMAS SWANN, ESQUIRE, GOVERNOR. 167
hands and seals, to the Justice who issued the
warrant, and that the said finding and decision of
the said jurors shall be forthwith returned by the
|
 
|
said Justice of the Peace to the Circuit Court for
Carroll County aforesaid, and unless good and
sufficient cause shall be shown against the said
inquisition, it shall be affirmed by said Court at
the term next succeeding said return, but if said
inquisition should be set aside the said Court may
in its discretion, as often as may be necessary,
direct another inquisition to be taken as hereinbe-
fore described ; provided, that it shall not be law-
ful without the consent of the owner or owners, to
condemn any land for said road which shall pass
through any buildings of such owner or owners.
|
Make returns.
|
Sec. 7. And be it enacted, That on the payment
or tender of payment to the owner or owners of
land so condemned, of the amount -of damages
which may have been assessed by said inquisition,
after the same shall have been confirmed by said
Court, the said Company shall be at liberty to take
possession of said land, and construct said road
thereon, and do such other acts therein as may be
lawfully done. And the said Company is also
empowered to erect and make and keep in repair
all such bridges or culverts as may be thought
necessary, so as not to obstruct, however, the free
current of streams or water courses.
|
Assessed
damages.
|
Sec. 8. And be it enacted, That the said Com-
pany having perfected at least two miles of said
road, shall have the power to erect on and across
said road one toll-gate, and collect and receive
from all persons using said road the tolls provided
for in Section five of this Act, with power to re-
duce the rates of toll whenever they see fit; pro-
|
Tolls.
|
vided, no toll shall be charged any person for
passing over said road from one part of their farm
to another part, nor passing to or from a funeral.
|
Funeral.
|
Sec. 9. And be it enacted. That the said Com-
pany having perfected the said road, it shall and
may be lawful for them to appoint guch and so
many toll-gatherers as they shall think proper, to
collect and receive of and from all and every per-
son using the said road, such tolls and rates as the
President and Directors may think just and expe-
dient, not exceeding, however, the tolls and rates
|
Rate of tolls.
|
|
|