| NOV. 1809.
CHAP. 64.
Provisos. |
LAWS OF MARYLAND.
cause suit to be brought in any court having competent jurisdiction,
for the recovery of the same, together with the penalty
aforesaid; Provided always, that the recovery in any suit shall
in
no case exceed the amount of such instalment or instalments as
may be due on such share, together with such accumulated penalty,
at the rate aforesaid, as shall equal the sums before paid on the
same shares; And provided also, that no stockholder, whether original
subscriber or assignee, shall be entitled to vote at any election,
or at any general or special meeting of the said company, unless
the whole sum due and payable as aforesaid on the share or shares
by him held at the time of such election, or general special meetings
of the said company, shall have been fully paid and discharged
as aforesaid, |
President, managers,
&c. may enter
into lands, &c. |
10. AND BE IT ENACTED, That it shall and may
be lawful for
the said president and managers, the superintendents, surveyors,
engineers, artists and chain-bearers, to enter into and upon all and
every the lands, tenements and enclosures, in, through and over
which the said intended turnpike road may be thought proper to
pass, and to examine the ground the most proper for the purpose,
and quarries and beds of stone and gravel, and other materials, in
the vicinity, that will be necessary in making and constructing the
said road, and to survey, lay down, ascertain, mark and fix, such
route or track for the same road, as in the best of their judgment
and skill will combine shortness of distance with the most practicable
ground, from the place where the contemplated artificial road
leading from the town of New-Castle to the line of the state of
Delaware shall strike that line, to extend thence, the nearest and
best practicable course, to French-town, on Elk river, in the state
of Maryland aforesaid. |
May enter on
lands, and on tender
of value may
carry away timber,
stone, &c. |
11. AND BE IT ENACTED, That it shall and may
be lawful to
and for the said president and managers, by and with their superintendents,
engineers, artists, workmen and labourers, with their
tools and instruments, carts, wagons, wains and other carriages,
and beasts of draught or burthen, to enter upon the lands in, over,
contiguous to and near to which, the route and track of the said
intended road shall pass, first giving notice of their intention to
the owners or occupiers thereof, and doing as little damage thereto
as possible, and repairing any breaches they may make in the enclosures
thereof, and making amends for any damages that may be
done to any improvements thereon, upon a reasonable agreement, if
they can agree, or if they cannot agree, then upon an appraisement
to be made, upon oath or affirmation, by three disinterested freeholders,
any two of them agreeing, mutually to be chosen, or if the owners,
upon due notice, shall neglect or refuse to join in the choice,
then to be appointed by any justices of the peace for Cecil county,
not interested therein; and upon tender of the appraised value, to
cut
down, dig, take and carry away, any timber, stone, gravel, sand,
earth or other materials, there being most conveniently situated,
for making or repairing said road. |
May erect bridges
over water crossing
the track, &c. |
12. AND BE IT ENACTED, That the said president,
managers
and company, shall have power to erect permanent bridges over all
creeks, as well as over all the waters crossed by the said route or
track, whereon the same shall be found necessary, and shall cause
a road to be laid out, not exceeding one hundred feet in width, |
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