246

LAWS OF MARYLAND.

reason of such road passing through the same,
and make true inquisition and return of the amount
of such damages, taking into consideration the ad-
vantages and disadvantages, if any, which may be
sustained by the owner or owners of such land, un-
der their hands and seals, to the Justice who issued
the warrant, and that the said finding and decisions
of the said jurors shall be returned by the said Jus-
tice of the Peace to the Circuit Court for the county
through which said road passes, and unless good
and sufficient cause shall be shown against the said
inquisition, it shall be affirmed by said court at
the term succeeding said return ; but if said in-
quisition should be set aside, the court may, in its
discretion, as often as may be necessary, direct
another inquisition to be taken, as hereinbefore
described ; provided, that it shall not be lawful

Proviso.

without the consent of the owner or owners, to
condemn any line for said road which shall pass
through the buildings or yards of such owner or
owners.

Damages.

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 Company shall be at liberty to take pos-
session 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, make and keep in repair all such bridges or
culverts as may be thought necessary, so as to not
obstruct, however, the free current of streams or
water courses.

Tolls.

Sec. 8. And be it enacted, That as soon as the
said Company shall have perfected five miles of the
said road, from either end, the said Company may
erect and place such and so many gates upon and
across said road as will be necessary and sufficient
to collect the tolls and duties granted to said Com-
pany by this Act, from all persons using the same
with horses, cattle, wagons, carts, carriages and
other vehicles, sheep and hogs.

Rates.

Sec. 9. And be it enacted, That the said Com-
pany having perfected so much of said road aa
specified in section eight, it shall and may be law-