| 1804. |
LAWS OF MARYLAND.
tract of the road so originally laid down, and improve the shorter
and 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 no deviations shall be made
from the beds of the Reister's and York-town turnpike roads as now
laid out and confirmed.
See 1807, ch. 130, s. 3. |
Persons to be appointed
to estimate
the value of
improvements. |
12. AND, whereas Baltimore county has, from
time to time, laid
out and expended considerable sums of money in turnpiking said
roads, and it is reasonable and just that the said county should be
reimbursed the value to the company of the said turnpike improvements
made thereon; therefore, BE IT ENACTED, That the levy
court of Baltimore county, at their next meeting after the respective
presidents and managers shall have been chosen, shall be and
they are hereby authorised and directed to appoint three persons,
such as they may deem suitable, for each of the respective roads
aforesaid, due notice of which appointment, in writing, with the
names of the persons appointed, shall be given to the presidents
respectively, and upon such notice being given, the said respective
presidents and managers shall forthwith appoint a like number on
the part of their respective companies, within ten days after being
informed as aforesaid of the appointments by the levy court, and
shall immediately give notice thereof to the said persons appointed
by the levy court, which six commissioners, so appointed for each
respective road, shall, within ten days after the notice aforesaid,
meet, and proceed to choose from out of the next adjoining county
to that respective road, three other persons, such as they may deem
suitable, which nine persons, after being duly qualified before some
justice of the peace, truly and impartially to estimate the value of
the aforesaid turnpike improvements to the respective companies,
shall compose a commission, neither of which shall be interested in
the stock of the said road which they may be appointed to value,
and shall proceed to value and determine the then value of the said
improvements on the said roads, and deliver a copy of their said
award, within twenty days after the day of the first meeting of said
commissioners, under their respective hands and seals, or in case
of disagreement, a majority of the said commissioners shall sign
and seal the same, and deliver one such copy thereof to the clerk of
the levy court of Baltimore county, and another to the president and
managers of the company for the road for which they shall have
been appointed, each, provided they accept to act under such appointment,
under the penalty of five hundred dollars, one half thereof
to the use of the said county, and the other half for the use of the
said company, to be recovered as other fines and forfeitures are for
the uses aforesaid under this act; and the said road shall, upon returning
and the filing of said award with the clerk of Baltimore
county levy court, become the property of the said company, they
first paying each commissioner, so chosen to determine the value
of each respective road, the sum of five dollars for each day by him
employed in viewing said road, and in making such valuation; and
if it shall so happen that any of the said commissioners shall die, |
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