| NOV. 1812.
CHAP. 140. |
LAWS OF MARYLAND.
bridge over Great Choptank river, at or near Dover ferry: And
whereas, the citizens of Caroline county generally were not apprised
of any such application to the legislature for such authority: And
whereas, by the representation of a number of citizens of Caroline
and Talbot counties, to this general assembly, that in consequence
of the improper position of the draw of said bridge, through which
all vessels of burthen must pass in navigating the said river, that
great inconvenience results, and in a number of instances considerable
damage has been sustained; and it being the duty of the legislature
in authorising partial obstructions on great public highways
for public convenience, to guard individual rights, therefore, |
Levy courts to appoint
persons to
examine bridge. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
the levy courts of Talbot and Caroline counties be and they are
hereby authorised and directed, at their first session in the year of
eighteen hundred and thirteen, or as soon thereafter as they may
have notice of this act, each to appoint three persons of the most
wisdom and experience in their respective counties, whose duty it
shall be to meet at the said bridge on the first Monday in May
next, or as soon thereafter as a majority of the said persons shall
appoint, giving ten days previous notice to the president or some
officer of the said bridge company, of the day on which they intend
meeting, and after taking the following oath or affirmation,
(as the case may be,) " I, A. B. do swear, or solemnly and sincerely
declare and affirm, that I will proceed to examine the bridge
over Choptank river at Dover ferry, and after a full and fair examination
of the same, determine according to the best of my skill
and judgment, whether the inconveniencies complained of really
exist, and if they do exist, what is proper to be done by the president,
directors and company, of the said bridge, to obviate or
remove the same, and return certificates of the same as directed
by this act," shall proceed to examine the draw of the said bridge
through which vessels navigating the river must pass; and after a
full and fair examination as aforesaid, taking into view the subject
matter of the parties interested in the premises aforesaid, to
award and determine whether the act authorising the erecting said
bridge has been so carried into effect as that the rights of individuals,
who have a right in common in all public highways, have
been by said company sufficiently guarded and protected. |
If they should be
of opinion that
powers vested in
company have
been abused, to
make out certificates
stating their
opinion. |
2. AND BE IT ENACTED, That if the persons
so appointed, or a
majority of them, shall be of opinion that the powers vested in the
said company have been abused by neglecting to provide such facilities
for the safe and speedy navigation of the river aforesaid,
as was contemplated by the law authorising the erecting said
bridge, or that the draw is not sufficiently wide and spacious, or
not in such part of the bridge as is calculated to afford a safe and
speedy navigation as aforesaid, that in such case the persons so as
aforesaid appointed, or a majority of them, shall make out three
certificates, by them signed and sealed, stating their opinion of
the inconvenience, (if any,) resulting to navigators, and the cause
or causes of such inconvenience, and the remedy to obviate the
same, and return one of the said certificates to the clerk of Talbot
county, one to the clerk of Caroline county, and one to the president
of the aforesaid bridge company. |
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