JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 195
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the peace to the Circuit Court for Frederick county,
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aforesaid, and unless good and sufficient cause shall
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be shown against the said inquisition, it shall be af-
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firmed by said court at the term next succeeding
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said return, but if said inquisition should be set aside,
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the said court may, in its discretion, as often as may
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be necessary, direct another inquisition to be taken,
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Direct
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as is hereinbefore described, provided it shall not be
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another in-
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lawful, without the consent of the owner or owners,
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quisition.
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to condemn any line for said road, which shall pass
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through the buildings, yards or gardens of such own-
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er or owners.
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SEC. 7. And be it enacted. That on the payment
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or tender of payment to the owner or owners of
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Tender of
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land so condemned of the amount of damages which
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payment.
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may have been assessed by said inquisition, after the
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said shall have been confirmed by said court, the
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said company shall be at liberty to take possession
of said land and construct said road thereon and do
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At liberty
to take pos-
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such other acts therein as may be lawfully done, and
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session.
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the said company is also empowered to erect and
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make and keep in repair all such bridges or culverts
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as may be thought necessary, so as not to obstruct,
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however, the free current of streams or water courses.
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SEC. 8. And le it enacted. That so soon as said com-
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pany shall have perfected the said road from Union-
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Perfected
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ville to the intersection of the Union Bridge turn-
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the road.
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pike road, at the point aforesaid, by making an arti-
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ficial bed of stone not less than eighteen feet wide,
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to be covered not less than ten inches in depth with
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stone not more than three inches in any diameter;
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they shall give notice thereof to the Governor of this
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Give notice
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State, who shall thereupon forthwith nominate and
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to the Gover-
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appoint three skillful and judicious persons to view
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nor.
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and examine the same and report to him in writing
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whether the said road is so far executed in a mas-
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terly and workmanlike manner, according to the
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true intent and meaning of this act, and if there re-
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port shall be in the affirmative then the Governor
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shall by license under his hand and the seal of the
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State permit and suffer the said company to erect
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Erect and
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and place such and so many gates upon and across
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place gates
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said road as will be necessary and sufficient to col-
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lect the tolls and duties granted to said company by
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Collect tolls.
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