ART. 1.] ALLEGANY COUNTY. 35

article, either before a justice of the peace or in the Circuit Court
for Allegany county, whichever may have jurisdiction over the
amount claimed, and if such proprietor live out of this State, a
service of a summons upon the driver of such stage or coach,
shall be sufficient service upon the proprietor.

129. The toll-gatherer at toll-gate number one shall keep an
account of the number of times such coaches or stages pass
through said gate monthly.

130. Where land is necessary for the erection of toll-gates, or
stones or other materials for the repair of the said road, the
superintendent may agree with the owner of such land or mate-
rials, not exceeding in the case of land five acres in quantity, for
the purchase thereof, and obtain a conveyance thereof to the
State of Maryland,

131. If the superintendent cannot agree with such owner, or
if the owner be incapable of acting, or out of the State or county,
the superintendent may apply to a justice of the peace for said
county, who shall appoint three freeholders of said county, who
shall, under oath, appraise and value such land or materials, and
the damage which may be sustained by the owner thereof, and
return a certificate thereof to the clerk of the Circuit Court for
Allegany county; and the superintendent shall deposit such
appraised value with the said clerk, to be paid to the party to
whom the same may be awarded to be due, upon the order of
the said court or the judge thereof being given for such payment
and upon such return and report being made and money paid,
the title to the said land or materials shall vest in the State of
Maryland.

132. If the State or any party interested shall be dissatisfied
with the valuation so made, the State or such party may, within
ten days after the return of such certificate, file objections gene-
rally thereto and pray a review thereof, and the court shall
thereupon order jurors to be summoned in number and according
to the rules practised in jury trials, in actions at law in said
court, and may pass such orders as to the time and conduct of
such trial as to the court may seem proper, and exercise the
same discretion as to new trials after verdict, as in other cases.

138. Upon the final verdict of the jury in the premises, the
court Shall confirm the said verdict for such amount of damages