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THOMAS SWANN, ESQUIRE, GOVERNOR. 579
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Sec. 6. And be it enacted, That the Company
hereby incorporated shall have power to make and
construct a continuous turnpike road from the
village of Unity, in Montgomery County, via
Triadelphia, to the Frederick Turnpike, at or near
the seventeenth mile stone on said road, over the
present bed of the Triadelphia road, except at
such points and places where 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 alterations ; 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
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Turnpike
road.
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the owner or owners cannot be obtained, a jury
shall be summoned by the Sheriff of the 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 assessment the
benefits or advantages of said road shall be con-
sidered by said jury ; and provided also, the in-
quisition thereupon taken shall be signed by the
Sheriff and jury, and returned by the Sheriff to
the Clerk of the Circuit Court for the county in
which the condemnation is made ; 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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Summons
jury.
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Sec. 7. 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, viz. : one and one-
half cents per mile for any vehicle drawn by one
animal ; for any vehicle drawn by two animals,
three cents per mile ; and for any vehicle drawn
by more than two animals, one and one-half cents
per mile for every additional animal ; for every
score of sheep, swine or neat cattle, five cents per
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Erect toll-
gates.
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