| NOV. 1809.
CHAP. 64. |
LAWS OF MARYLAND.
in three months next after the fact committed, and the defendant
or defendants in such suit or action may plead the general issue,
and give this act and the special matter in evidence, and that the
same was done in pursuance and by the authority of this act.
See 1815, ch. 9, s. 7. |
Company to begin
the work within
three, and to
finish within ten
years. |
25. AND BE IT ENACTED, That if the said company
shall not
proceed to carry on the said work within three years (a) after this
act comes into operation, or shall not, within ten years thereafter,
complete the said road, according to the true intent and meaning of
this act, then, in either of those cases, it shall and may be lawful
for the legislature of this state to resume all and singular the rights,
liberties, privileges and franchises, by this act granted to the said
company.
(a) See December 1813, ch. 82. |
Legislature may,
after 1831, take
possession of road
on paying its value. |
26. AND BE IT ENACTED, That if the legislature
should, at any
time after the year one thousand eight hundred and thirty-one,
think proper to take possession of the said road, three persons
shall be appointed by the governor, and three by the president and
managers of the said company, and three by the judges of the
court of Cecil county aforesaid, who are hereby required to appoint
the same, who, or any six or more of them, not having any interest
in the said road, shall proceed to examine and estimate the
value of the property which the said company have therein, and
certify the amount thereof to the governor of this state, who shall
cause the same to be laid before the legislature at their next session,
and whenever the amount so certified shall be paid by the state to
the said company, their right to take toll on the said road, together
with all their right, title, claim and interest therein, shall cease
and determine. |
Compensation for
damages, how to
be ascertained.
Proviso. |
27. AND BE IT ENACTED, That if the said road
shall be laid out
and founded over and upon any land whereby the owner thereof
shall suffer damage, the person or persons sustaining such damage
may make application to the court of Cecil county aforesaid, and
thereupon the court shall appoint six fit and disinterested persons
to view and judge the amount of the damages so done, which, if
approved of by the court, shall be paid by the company; Provided
always, that it shall be the duty of the reviewers in assessing damages,
to take into consideration the advantages derived from the
said road passing through the land of the complainant; and that
when the said road shall happen to be laid out and founded on any
former laid out and confirmed road, the owner or owners of such
lands shall not be entitled to receive compensation from the company
for any damages sustained thereby. |
This company not
to prevent any
other from forming
a junction
with this road, &c. |
28. AND BE IT ENACTED, That it shall not be
lawful for the said
company to put, cause, or suffer to be put, any let, hinderance or
obstruction whatever, with intent to obstruct or prevent any other
incorporated company for a similar purpose from forming a junction
with the aforesaid New Castle and French-town turnpike road,
or in any manner to prevent the passing or repassing to and from
the same, nor to prevent any such incorporated company, hereafter
to be established by law, in case the company hereby incorporated
shall neglect to do so, to repair and improve that part of the said
turnpike road which may be opposite to the place where any such
future turnpike road may join the same, nor to prevent the Chesapeake |
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