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LEVIN WINDER, ESQUIRE, GOVERNOR.
equal to the sums before paid in part, on account of such share or
shares, the same shall be forfeited to the said company, and may
and shall be sold and assigned by the president and managers of
said company to any person willing to purchase the same, for such
price as can be obtained for the same, and the purchaser or purchasers
aforesaid shall have all the benefit and advantages of such
assignment and purchase, as if he, she or they, had been an original
stockholder. |
1814.
CHAP. 71. |
10. AND BE IT ENACTED, That the said road
be made in, over
and upon, the bed of the present road, as laid out and used; Provided
always, that should it appear on a resurvey of any part of
the said road, by sworn surveyors, that a considerable saving in
distance or in expense would arise to the company, that in all such
cases it shall be lawful to depart from the tract of the road so originally
laid down, and improve the shorter or less expensive route;
Provided also, that in all such deviations the road shall not be
diverted
or taken from any town or village through which it now
passes, nor shall it pass through the meadows, gardens, orchards or
grain fields, whilst the grain or crop is growing therein, without
the consent of the proprietor or proprietors thereof; And provided
also, that where the tract of the original road shall be departed
from, the president, managers and company, shall agree with the
owner or owners of the land through which the same may pass, for
the purchase of the same, (if the owner shall require any compensation
therefor,) and in case of disagreement, or in case the owner
should be a feme covert, or non compos, or under age, or
out of the
state, in such case the compensation to the owner or owners aforesaid,
for the land aforesaid, shall be ascertained and paid in the
manner hereinafter provided for ascertaining and paying the value
of materials for making said road, before the direction of the said
road shall be altered or changed. |
Road to be made
over bed of present
road
Provisos. |
11. AND BE IT ENACTED, That in all cases where
stone, gravel,
earth or sand, not already quarried or dug for the use of the owner,
or for sale, shall be necessary for making or repairing of the
said turnpike road, the president and managers of the said company,
or a majority of them, or any person authorised by them, may
agree with the owner or owners of said materials for the purchase
of the same, or with the said owner or owners of the land on which
the same may be, for the purchase of such land, and in case of disagreement,
or in case the owner should be a feme covert, or non
compos, or under age, or out of the state of county, the president
of the company, or any person authorised by him for that purpose,
shall apply to a justice of the peace for the county wherein the said
materials may be; which justice shall thereupon issue his warrant,
directed to the county, commanding him to summon twelve disinterested
persons, qualified to serve as jurors in the county
court, to meet at a place where the said materials may be, and the
said sheriff shall qualify the said persons, either by oath or affirmation,
(as the case may be,) justly, truly and impartially, to value
the damages which may be sustained by the owner or owners of
the materials required by such company; and the said persons
shall, after valuing the damage which may be sustained by
the owner or owners of such materials, and return under |
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