462
LAWS OF MARYLAND.
Jury to make
return to
clerk of Circuit
court.
Per diem of
jurors.
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his agent, and four stricken by the persons interested,
or in
his, her or their absence or refusal, by the 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 materials or
lands required by said company; and the said jurors
shall after valueing said damages, return the same under
their hands and seals to the clerk of Cecil county circuit
court, to be by him recorded; and said damages shall
be paid by the company to the parties entitled, or into
the hand of the sheriff of said county, for the purposes
mentioned in said return respectively, before the
said company shall proceed to remove said materials,
or to use the said land, 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 allowances shall be paid by
said company; and the said company or their agent
shall have power to remove said materials across any
land, 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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Width of
road.
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SEC. 11. And be it enacted,
That the company shall
cause the road to be laid out and opened, which said
road shall not be less than thirty feet in width, between
the fences, and shall occupy the full width of the road
now used and claimed by the county as a public road,
and shall cause said road, or a part thereof, to be graded
in a proper manner, and shall cause eight feet or more
of said graded portion to be made an artificial road of
plank, and shall also have power to construct an additional
or double track if they shall deem it proper, upon
such plan, style, depth and level as the president and
managers of said company shall determine, and shall
during the continuance of the corporation maintain and
keep the said road in good and perfect order and repair.
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Erection of
gates.
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SEC. 12. And be it enacted,
That as soon as the
president and managers and company shall have perfected
the said road for any distance not less than two
miles, and so on from time to time every additional
mile progressing, they shall erect such and so many
gates upon and across said road as will be necessary and
sufficient to collect the tolls and duties hereinafter
granted to said company, from all persons travelling
on the same with horses, mules, cattle, wagons, carts and
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