1805.
Provisos. |
LAWS OF MARYLAND.
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 inverted
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 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
herein after 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. |
President and
managers to agree
with owners for
stone, gravel, &c. |
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 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 land in which the
same may be, for the purchase of said 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 or 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 sheriff of 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 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 where the said materials may be, 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 the 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 officer of the clerk of the county court, to be by |
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