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ROBERT BOWIE, ESQUIRE, GOVERNOR.
serve as jurors in the county court, to meet at the 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 damage 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, return,
under their hands and seals, to the justice who issued the warrant,
one copy of their said valuation, one other copy to the president
of the company, and one other copy to the owner or owners
of the said materials, if such owner shall reside in the county, and
shall not be under any legal disability to receive the money adjudged
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; and
if the owner or owners of such materials 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
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 damages; and the
justice and sheriff shall be entitled to receive the same fees for services
under this act as they 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 lands or tenements over or through which
the said road may pass. |
1804.
CHAP. 91. |
11. 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, and shall cause the said road to be made solid, durable,
and even on the surface, by bedding the same with wood, stone,
sand or gravel, a sufficient depth to secure a good foundation to
the same, and at least eighteen feet wide, 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. |
And erect bridges
over waters crossing
said road. |
12. 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 city of Baltimore, or for any other
greater distance progressively, they shall give notice thereof to
the governor of this state, who shall thereupon forthwith nominate. |
When road is perfected
five miles
from Baltimore
notice to be given
to governor of
state. |
VOL. I.
54
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