E. LOUIS LOWE, ESQUIRE, GOVERNOR.
489
SEC. 9. And be it enacted,
That the said company
are hereby vested with all the rights and powers
necessary for the construction of a turnpike or plank
road from the Baltimore and Ohio rail road, at or near
the town of Knoxville, in Frederick county, or from
some convenient point not more than two miles from said
town, on the Frederick and Harper's ferry ridge road, to
the Frederick and Boonsboro' turnpike at or near the
town of Middletown, in said county, and also a branch
turnpike or plank road from some suitable point on said
Knoxville and Middletown road to the town of Berlin,
on the Baltimore and Ohio rail road, in Frederick
county; Provided, that the company may use the bed
of the public road or roads, now leading from the town
of Knoxville to the said town of Middletown, or so
much thereof as they may find necessary; And provided
also, that the county commissioners of the said
county are hereby authorised to permit the said company
to use and occupy the bed of the Frederick and Harper's
ferry ridge road, or so much thereof as they may
find necessary, if to the said commissioners it should
seem right and proper so to do.
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Vested rights.
Provisoes.
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SEC. 10. And
be it enacted, That the president and
managers of the said company may agree with owners of
land for the purchase of land required for said road,
and also for the purchase of stone, gravel, earth, sand
or timber, for said road; and in all cases where they are
unable to agree with the owner or owners, or 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, who shall thereupon issue his
warrant to the sheriff of the county aforesaid, commanding
him to summon twenty disinterested person, qualified
to act as juror, 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 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 Frederick
county circuit court, 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,
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President and
managers may
agree with
owners of
land, &c.
In case of disagreement,
sheriff to summon
jury of
inquest.
Jury to make
return to
clerk of Circuit
court.
Fees.
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