THOMAS SWANN, ESQUIRE, GOVERNOR. 213
Sec. 6. And be it enacted, That the Company
hereby incorporated shall have power to make and
construct a continuous turnpike road from the
limits of Ellicott City to the village of Clarksville,
over the present bed of the Columbia and Clarks-
ville roads, except at such points or places when
the President and Directors may deem it expedient
to improve the grade or course of said road, in
which event the said President and Directors shall
have full power and authority to make such altera-
tions ; provided, that in case of any such change
of location, and whenever it becomes necessary to
occupy new ground, or use new materials, and the
consent of the owner or owners cannot be obtained,
a jury shall be summoned by the Sheriff of the
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Make turn-
pike.
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county upon a warrant of a Justice of the Peace
for that purpose, to condemn the said land or
materials, and assess the damages, in which assess-
ment the benefits or advantages of said road shall
be considered by said jury ; and provided also, the
inquisition thereupon taken shall be signed by the
Sheriff and jury, and returned by the Sheriff to
the Clerk of the Circuit Court for Howard County,
and unless good cause be shown against the said
inquisition of the jury it shall be affirmed by the
Circuit Court at the next meeting thereof, after the
verdict of the jury, and recorded, but if the said
inquisition should be set aside the said Court may
in its discretion as often as may be necessary direct
another inquisition in the manner above described.
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Condemn.
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Sec. 2. And be it enacted, That whenever said
road shall be completed or any three consecutive
miles thereof, the said Company may erect one or
more toll-gates upon said road, but not within
three miles of each other, and may charge tolls
for traveling on said road ; provided, said tolls
shall not exceed the following rates, to wit : one
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Toll-gates.
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and one-half cents per mile for every vehicle
drawn by one animal; for any vehicle drawn by
two animals three cents per mile, and for every
vehicle drawn by more than two animals one and
one-half cents per mile for every additional ani-
mal ; for every score of sheep or swine or neat
cattle, five cents per mile ; for every horse and
rider and every led or driven horse, one and one-
half cents per mile.
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Toll.
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