ODEN BOWIE, ESQUIRE, GOVERNOR. 255
if any shall neglect or fail to pay any instalment
or part of said subscription thus demanded for the
space of sixty days next after the time, the same
shall be due and payable, the stock on which it is
demanded shall, at the pleasure of said President
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Neglect to pay
instalment.
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and Directors, be forfeited to the Company, and
sold for its benefit, but the said President and
Directors may remit such forfeiture or recover such
instalments on such terms as they may deem
proper.
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Forfeited to
Company.
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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 Saint
James' Meeting House to any point on the Fred-
erick Turnpike at or near Ellicott's City, over the
present bed of any County road or roads, except at
such points or places where the President and Direc-
tors may deem it expedient to improve the grade
or course of said road, in which event the said
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Construct
Turnpike road
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President and Directors shall have full power and
authority to make such alterations, provided that
in case of any such change of location, and when-
ever 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 sum-
moned by the Sheriff of the County, upon a war-
rant of a Justice of the Peace for that purpose, to
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Powers of
officers.
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condemn the said land or materials and assess the
damage, in which assessment, the benefits or ad-
vantages 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
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Condemn
property.
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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
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Jury to assess.
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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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Inquisition.
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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 toll for
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Erect toll-
gates.
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