LEVIN WINDER, ESQUIRE, GOVERNOR.
and give sufficient discharges therefor; and the president
and managers shall pay, or secure to be paid, the damages so adjudged,
before they shall proceed to remove the said materials or
open said road; and if such owner or owners shall reside out of the
county, or be under any legal disability, then the president and
managers shall enter into bond, conditioned for the payment of the
damages assessed to the person or persons who may be duly authorised
to receive the same, and shall lodge said bond, and a copy
of the said valuation, in the office of the clerk of the county court,
to be by him recorded; and upon such bond, or office copy thereof,
suit or suits may be instituted against the obligors therein named,
by any person or persons entitled to receive such damage; and the
justice and sheriff shall be entitled to receive the same fees for services
under this act as are allowed in similar cases; and the persons
summoned as jurymen to value the damage sustained as aforesaid,
shall each receive one dollar for every day he shall attend for
that purpose, which fees and allowance shall be paid by the president
and managers of the company, at whose instance the persons
may have been summoned; and the same proceedings shall be had,
if required, in case of damage done or apprehended by the owner
or owners of any land or tenements over or through which the said
road may pass. |
NOV. 1812.
CHAP. 78. |
13. AND BE IT ENACTED, That the said president,
managers
and company, shall have power to erect permanent bridges over all
the waters crossing the said road, wherever the same may be found
necessary; shall lay out said road sixty feet wide, and shall cause
eighteen feet at least in breadth to be made an artificial road, which
shall be made solid, durable, and even to the surface, by bedding the
same with wood, stone, sand or gravel, a sufficient depth to secure
a good foundation to the same; and the said road shall be faced
with gravel, or stone pounded, or other small hard substance, in
such manner as to secure a firm, and as near as the materials will
reasonably admit, an even surface, and so nearly level in its progress
as that it shall in no place rise or fall more than will form an
angle of four degrees with an horizontal line, and shall for ever
hereafter, during the continuance of the said incorporation, maintain
and keep the said road in the same good order and repair. |
Bridges may be
erected—width of
road. |
14. AND BE IT ENACTED, That the toll for any
ferry over any
navigable water which may be in the line of the said road, when
located and established, shall appertain and belong to the proprietor
or proprietors thereof, so long as such ferry shall be by him, her
or them, supported and kept in good order and repair; but if upon
the presentment of a grand jury, and verdict of a petit jury, any
proprietor of any such ferry shall be convicted of suffering the
same to be impassable for neglect or repair, for the space of five
successive days, he, she or they shall, for the first and second offences
be fined in a sum not exceeding one hundred dollars, and for
the third offence in the discretion of the court; such ferry shall be
valued by a jury of the county, to be summoned and sworn by the
sheriff of such county, and upon the payment of such valuation,
shall become vested in said corporation for the purposes of this act. |
Ferries and tolls. |
15. AND BE IT ENACTED, That as soon as the
said president,
managers and company, shall have perfected the road to the distance
of five miles from the district of Columbia, or from the city |
Road being perfected
five miles;
Governor to appoint
persons to
examine and report
thereon. |
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