1801.

NOVEMBER. LAWS OF MARYLAND.

C H A P.
XLV.

fits thereof, and of enlarging the same from time to time by new subscriptions, in such manner
and form as they shall think proper, if such enlargement shall be found necessary to fulfil the in-
tent of this act, and of purchasing, taking and holding, to them, and their successors and assigns,
in fee-simple, or for any lesser estate, all such lands, tenements, hereditaments and estates, real
and personal, as shall be necessary to them in the prosecution of their works, and of suing and
being sued, and of all and every other matter and thing which a corporation or body politic may
lawfully do, by making by-laws, rules, orders and regulations, not inconsistent with the constitu-
tion and laws of this state, and of the United States.

President, &c.
may enter on
lands, &c.

VII. AND BE IT ENACTED, That it shall and may be lawful to and for the said president and
managers, their superintendents, surveyors, engineers, artists and chain-bearers, to enter into
and upon all and every the lands, tenements and enclosures, through which the said intended road
may be thought proper to pass, and to examine the ground most proper for the purpose, and to
survey, lay down, mark and fix, such rout or tract for the same, as in the best of their judgment
and skill will combine shortness of distance with the most convenient and practicable ground,
from the burnt mill aforesaid to the nearest western navigation ; and if the proprietor or proprie-
tors of any ground through which the said road may pass shall require a compensation for the
same, and should be unable to agree with the president, managers and company, or their agent;
for the price of the same, such proprietor or proprietors shall apply to the court of the county in
which the land lies, whose duty it shall be to direct the sheriff of their county to summon twelve,
freeholders, unconnected with the person or persons owning the ground, and disinterested in the
shares of the Allegany turnpike road company, who shall view and assess the value of the ground
aforesaid, and damages, which assessment shall be paid by the president, managers and company,
or their agent, before the said road shall be opened through said ground.

And erect
bridges, &c.

VIII. AND BE IT ENACTED, That the president, managers and company, shall have power to
erect permanent bridges over all waters, crossing the said rout or tract, wherever the same shall
be found necessary, and shall cause a road to be laid out forty feet wide, twenty feet at least
whereof shall be made an artificial road, which shall be bedded with wood, stone, gravel, or some
other hard substance, well compacted together, a sufficient depth to secure a solid foundation to
the same.

Company may
erect gates, &c.

IX. AND BE IT ENACTED, That the said company having cut out, dug and bridged, the said
road, so as to make it convenient and easy for carriages of burthen to travel the same, may erect
two gates, one of which shall be within three miles of each end of the road, at which it shall
and may be lawful for them to appoint such and so many toll-gatherers as they may think proper,
to collect and receive of and from all and every person or persons using the said road, the tolls
and rates herein after mentioned, and to stop any person riding, leading or driving, any horses,
hogs, cattle, sheep, sulky, chair, cart, waggon, sleigh, or any other carriage of burthen or plea-
sure, from passing through the said gates or turnpike, until they shall have respectively paid the
same ; that is to say, at each gate the following sums of money, and so in proportion for any
greater or lesser number of cattle, sheep or hogs, viz. For every score of hogs, ten cents ; for
every score of sheep, ten cents ; for every score of cattle, twenty cents ; for each person tra-
velling on horseback, six cents ; for every horse led or driven, four cents ; for every carriage with
two wheels, fifteen cents ; for every carriage with four wheels, and drawn by not more than two
horses, twenty-five cents; for every carriage of four wheels, and drawn by more than two horses,
thirty cents ; and for every sleigh or slide, six cents for each horse drawing the same.

Same rates may
fee charged, &c.

X. AND BE IT ENACTED, That all such carriages as aforesaid to be drawn by oxen, or partly
by oxen and partly by horses or by mules, the same rates of tolls shall be charged as if the whole
were drawn by horses.

Four years al-
lowed, &c.

XL AND BE IT ENACTED, That the term of four years be allowed the aforesaid company for
completing the aforesaid road, and when the said road shall be completed, by being bedded with
stone, wood, gravel, or some other hard substance, well compacted together, of a sufficient depth,
to make a solid foundation, it shall and may be lawful for the aforesaid company to demand and
receive double the tolls herein before mentioned upon each article herein before mentioned.

Penalty for ne-
glect, &c.

XII. AND BE IT ENACTED, That if, at any time after the said road shall be completed, the
said company shall neglect to keep the same in good and perfect order and repair for the space of
ten days, and information shall be given to the justice of the peace of the neighbourhood, such
justice