E. LOUIS LOWE, ESQUIRE, GOVERNOR.
429
for the transfer of stock, and the evidence of such
transfer,
and to pass all such by-laws, as shall be proper and
necessary for exercising all the powers, rights and privileges,
vested in the company hereby incorporated, or
in the said managers, or for the performance of the duties
required of them by this act, and the said by-laws,
from time to time to alter or repeal, subject nevertheless
to the revision of the stockholders, at a general meeting,
as is hereinbefore provided.
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SEC. 8. And be it enacted,
That the said company
are hereby invested with all the rights and powers necessary
for the construction of a turnpike road from the
city of Frederick to the Monocacy bridge at Campbell's
Ford; Provided, that the company may use the bed
of the public road, now leading from Frederick city to
the Monocacy bridge at Campbell's Ford, or so much
thereof as they may find necessary; the consent of the
county commissioners for Frederick county being first
obtained by said company.
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Vested rights.
Proviso.
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SEC. 9. And
be it enacted, That the president and
managers of said company may agree with the owners
of land for the purchase of land required for said road,
and also for the purchase of stone, gravel, earth and
sand for said road, and in all cases where they are unable
to agree with the owners or the owner, should he or
she be a feme covert, or non compos mentis, or under
age, the said president may apply to a justice of the
peace of the county aforesaid, which justice shall thereupon
issue his warrant to the sheriff of said county,
commanding him to summon twenty disinterested persons,
qualified to act as jurors in the circuit court, to
ment upon the land; after four are stricken off the panel
by the president or his agent, and four by the persons
interested, or in his, her or their absence or refusal, by
the said sheriff, the said sheriff shall qualify the twelve
remaining 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 such material or land required by such company;
and the said jurors shall after valueing said damages,
return the same under their hands and seals to the
clerk of the circuit court of Frederick county, to be by
him recorded; and said damages shall be paid by the
company into the circuit court for said county, for the
persons mentioned in the said return respectively, before
the said company shall proceed to remove said materials,
or to use the said land or said road, and the justice,
sheriff and clerk, shall be entitled to receive the same
fees for services under this act as they are allowed in
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May agree
with owners
of lands which
may be wanted.
In case of disagreement,
sheriff to summon
jury of
inquest.
Jury to make
return to
clerk of Circuit
court.
Damages to
be paid by
company.
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