| NOV. 1809. |
LAWS OF MARYLAND.
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 mangers 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 said valuation, in the office of the clerk of the county
court, to be by him recorded, and upon such bond, or any 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 damages
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 said president,
managers and company, and the persons employed by them,
shall have power to remove the said materials for making the road
aforesaid, from and over any ground not in grain or meadow, on
their paying to the owner or owners of such ground a reasonable
compensation for any injury or damages occasioned by such removal,
to be ascertained by a jury in case the same cannot be obtained
by consent or agreement of the parties. |
Width of road—
Bridges to be
erected over waters
crossing the
same, &c. |
12. AND BE IT ENACTED, That the said president,
managers and
company, shall cause the said road to be laid out and opened sixty-six
feet wide, and bridges to be erected over all the waters crossing
the said road, and shall cause eighteen feet thereof in breadth
at least to be made an artificial road, which shall be bedded with
wood, stone or gravel, or any other hard substance, well compacted
together, a sufficient depth to secure a solid foundation to
the same, 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 forever hereafter, during the continuance
of the said incorporation, maintain and keep the same in
good and perfect order and repair. |
How to proceed
when it is impracticable
to make
road of stone or
gravel, &c. |
13. AND BE IT ENACTED, That the said president,
managers and
company, in case they shall find it impracticable to make the whole
of the said road of stone or gravel, that then they shall have power
and authority to cause such parts of the said road as they may
think proper, to be cleared and opened, of the width aforesaid, and
levelled to the width of eighteen feet, and ditched on the sides, so
as to carry off the water, and made rounding in the middle with
gravel or earth; and when the said road is so completed, or any
five miles thereof from either end progressively, it shall and may
be lawful for the said president, managers and company, to erect
toll-gates, and demand and receive one half of the tolls as herein
after specified, in case the whole of the said road had been bedded
and made with stone or gravel, being first licensed by the governor
in manner aforesaid; and in case the said road should become out
of repair, the gates shall be liable to be opened in manner as in this |
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