E. LOUIS LOWE, ESQUIRE, GOVERNOR.
437
covert, or non compos mentis, or under age, the said
president may apply to a justice of the peace of the
county aforesaid, who shall thereupon issue his warrant
to the sheriff of the county aforesaid, commanding him
to summon twenty disinterested persons, qualified to
act as jurors in the circuit court, to meet 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
sheriff shall qualify the remaining twelve 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
the said damages shall be paid by the company into
the hands of the sheriff of said county, for the persons
mentioned in the said return respectively, before the
said company shall proceed to remove the 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
similar cases; and the persons summoned as jurors shall
receive one dollar per day during their attendance,
which fees and allowance shall be paid by the said
company; and the said company, or their agents, shall
have power to remove said materials across any lands,
not in meadow or grain, upon paying a reasonable
compensation to the owner or owners, for any injury or
damages to be ascertained by a jury, as above, in case
it cannot be obtained by agreement.
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Jury to make
return to
clerk of Circuit
court.
Damages to
be paid by
company.
Fees.
Per diem of
jurors.
Removal of
materials.
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SEC. 10. And be it enacted,
That the said company
shall cause the said road to be laid out and opened,
which said road shall be as wide as the bed is on
which they propose to build, and shall cause sixteen
feet thereof, or any greater width they may determine,
to be made an artificial road of stone or gravel, upon
the plan, style, depth and level of the road leading
from the Monocacy bridge to Frederick city, which
they intend this road to intersect, as far as is consistent
with the nature of the ground; and shall during the
continuance of this corporation, maintain and keep the
said road in good and perfect order and repair, during
the continuance of the corporation.
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Width of road.
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SEC. 11. And be it enacted,
That as soon as the
president and managers of the said company have perfected
the said road, they shall give notice to the Governor
of the State, who shall thereupon, forthwith
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Notice
to be
given to Governor
when
road is perfected.
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