| 1815.
CHAP. 99. |
LAWS OF MARYLAND.
carts, wagons, wains and carriages, and beasts of draught or burthen,
to enter upon the lands in and over, and contiguous to, and
near which the said route and tract of the said intended road may
pass, first giving notice of their intention to the owner, owners, or
occupiers thereof, and doing as little damage as possible, and repairing
any breaches they may make in inclosures thereof, and making
amends for any damages that may be done to any improvements,
upon reasonable agreement, if they can agree, or if they
cannot agree, then upon the appraisement, on oath, of three disinterested
freeholders, or any two of them agreeing, to be mutually
chosen by the parties, or if the owner or owners shall refuse or neglect
to enter into such choice, or shall be an infant, non compos, or
out of the state, then by application to a disinterested justice of the
peace of the county where such appraisement shall be made, who
shall forthwith issue his warrant to three persons, qualified as aforesaid,
who shall immediately thereafter appraise and value all such
materials and damage to inclosures in removing the same, and shall
make out a certificate, under the hands and seals of them, or any two
of them, and return it to the magistrate who issued such warrant,
whose duty it shall be to enter the same on his docket, there to remain
as evidence of the debt, so appraised and assessed, and upon payment
of such appraised value, or being ready to pay the same, to dig, take,
and carry away, any stone, earth, gravel, clay, or other materials
there being most conveniently situated for making or repairing said
road. |
Bridges to be
erected, &c. |
12. AND BE IT ENACTED, That the said managers
and company
shall have power to erect permanent bridges over all creeks, as
well as all the waters crossed by said route or tract, whereon the
same shall be found necessary, and cause a road to be laid out not
more than sixty feet in width, beginning near the city of Baltimore
as aforesaid, and proceeding in the route aforesaid, and cause twenty-two
feet in width to be made an artificial road, which shall be
bedded with wood, stone, gravel, clay, or other proper and convenient
materials, well compacted together, a sufficient depth to secure
a sold foundation for the same; and said artificial road shall
be faced with gravel or stone pounded, or other hard substance, in
such manner as to form an even road, a little arched in the middle,
and so level in its progress that it shall no where rise or fall more
than will form an angle of four degrees on an horizontal line, and
shall for ever hereafter maintain and keep the said road in good and
perfect order and repair. |
| Damages to be ascertained. |
13. AND BE IT ENACTED, That if the said road
shall be founded
and laid out over and upon any land whereby the owner or owners
thereof may suffer damage, the person or persons sustaining such
damages may make application to the judges of the county court,
or in the recess thereof to any judge of said court, where such damages
have been committed and claimed, and thereupon the court
or judge shall direct five disinterested freeholders, who shall view
the same, whose duty it shall be to take into consideration the benefit
and advantage that will be derived to the owner of said land
from the road passing through the same, and assess the damages
accordingly; and the said appraisers shall make out a certificate,
upon oath, of the amount of damages by them assessed, and make
return thereof to the said court or judge who shall have issued the |
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