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Session Laws, 1853
Volume 403, Page 490   View pdf image (33K)
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490                                        LAWS OF MARYLAND.


     Per diem of
jurors.



     Removal of
materials.
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.
     Width of
road.
     SEC. 11.  And be it enacted, That the said company
shall cause the said road to be laid out and opened,
which said road shall be fifty feet in width between
the fences, and shall cause twenty-four feet thereof to be
graded in a proper manner, so that the elevation at any
one point shall not exceed five degrees, and shall either
cause ten feet or more of the graded portion to be made
an artificial road of stone or gravel, in manner following,
that is to say; that the stone or gravel shall have an
average thickness of six inches, said average to be estimated
along the line of four consecutive miles, finished
and prepared for public use, as far as is consistent with
the nature of the ground, or they shall cause nine feet or
more of said graded portion to be made an artificial
road of plank, upon the plan, style, depth and level
of the Westminster and Emmittsburg plank road,
or they shall construct said road part of stone and
part out of plank, according to the above descriptions
and specifications respectively, as far as the nature
of the ground will permit; and shall during the continuance
of the incorporation, maintain and keep the
said road in good and perfect order and repair.
     May direct
old road to be
closed.





Proviso.
     SEC. 12.  And be it enacted, That it shall and may
be lawful for the county commissioners of Frederick
county, upon the application of any person or persons,
through whose lands the old bed of the road passes and
which may not be occupied by the road herein authorised
to be made, to order and direct the same of such
parts thereof to be closed; Provided, the public convenience
does not require that the same or such part be
kept open, and in case any person or persons shall consider
himself or themselves aggrieved by the orders of
the said county commissioners, such person or persons
may appeal to the next circuit court of said county,
when the case shall be trued in the manner now prescribed
in cases of objections filed to applications for
public roads.



 
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Session Laws, 1853
Volume 403, Page 490   View pdf image (33K)
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