1836.

LAWS OF MARYLAND.

CHAP- 153.
Description

ed and empowered to cut, dig, and make the said Turn-
pike road, from the town of Cumberland to the Penn-
sylvania line, where the said road will connect witli the
Turnpike road from Bedford to the said line, in such
manner as may be deemed most advantageous, passing
in and through Allegany county as aforesaid, not ex-
ceeding fifty feet in width, of which twenty feet shall
be an artificial road, so as not to interfere with any
previous rights, grants, or charters, without free con-

Consent requir-
ed

sent of the parties, the said President and Directors
first obtaining in writing the consent of the owners of
the land through which such Turnpike road shall pass,
or if such consent cannot be had, and it be necessary that
said Turnpike road should pass through the land of

Procdedings if
refused

any person refusing his, her or their consent as afore-
said, then the President and Directors on behalf of the
company, shall apply to a justice of the peace for said
county, which justice shall thereupon issue his warrant,
directed to the sheriff of the county, commanding him
to summon twelve disinterested persons qualified to
serve as jurors in the county court, to meet at the pro-
per place as directed by the said justice, and the said
sheriff shall qualify the said persons, either by oath or
affirmation as the case may be, justly, truly, and im-
partially to value the damages which may be sustained,

Inquest

as well as the advantages by the owner or owners of
said land, and make true inquisition and return of the
amount of damages which may be sustained as well
as the advantages by the owner or owners of said land,

Restriction

under their hands and seals, to the justice who issued
the warrant, and that the decision of the. said jurors
shall be final; provided, that the said Turnpike road
shall not pass through the house, yard, grist mill,saw-
mill, garden or orchard of any person.

Further power

SEC. 7. And be it enacted, That upon the president
and directors paying to the owners of the land the sum
so awarded by the jurors aforesaid, as the case may be,
they shall have power to cut, dig and make the turn-
pike road aforesaid through such land in the same man-
ner as if the consent of the owners had been given
thereto, and that the said president and directors be

Bridges, &c. re-
quired

empowered to erect and make bridges and viaducts
over all such streams or water courses as may be
thought necessary for the benefit of said turnpike road,