THOMAS SWANN, ESQUIRE, GOVERNOR. 245
Company, and of reasonabld proof of ownership
therein for that purpose, and may have authority
to fix the amount of toll to be paid by persons
using or passing along said road ; provided, that
the rates shall not be more than those specified for
the Baltimore and Fredericktown Turnpike Com-
pany, in the Act of eighteen hundred and four,
Chapter fifty-one, section twenty.
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Sep. 6. And be it enacted, That the President
and Directors so to be chosen, be and they are
hereby authorized and empowered to cut and dig
and make a turnpike road, properly paved with
stone, between the said places herein named, not
to exceed sixty feet in width, with the necessary
slopes, of which eighteen feet shall be an artificial
road, and to be so graded that in no case shall it
exceed seven degrees ; the said Company to use, if
deemed by them expedient, the bed of the present
county roads between the said places, with power
however to deviate therefrom in whole or in part,
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Width of
road.
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wherever the said Company may deem such devia-
tion necessary or judicious, the President and Di-
rectors first obtaining in writing the consent of the
owners of such land over which the said road shall
pass ; or if such consent cannot be had, and the
said Company deem it necessary to pass through
the said land for the said road, then the President
and Directors, on behalf of the Company, shall
apply to a Justice of the Peace for said county,
who shall thereupon issue his warrant, directed to
the Sheriff of the county, commanding him to
summon twenty disinterested persons, qualified to
serve as jurors in the Circuit Court for the county
in which the land lies, to meet on the said land at
the proper time as directed by said Sheriff, giving
at least five days' notice to the parties interested,
or their agents, and after four of the jurors so sum-
moned are stricken off the panel by the said Presi-
dent or his agent, and four others by the person or
persons interested in said land, or his or her agent,
or in the absence of or refusal to strike off, four
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Condemn.
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shall be stricken off by said Sheriff and the Sheriff
shall qualify the remaining jurors either by oath
or affirmation as the case may be, justly, truly and
impartially to value such damages as may be sus-
tained by the, owner or owners of such land by
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Jurors.
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