JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER.

1802.

sixty-six feet apart from each other, to the southward of Stelger's house, and running from thence
on the centre of ail the paved parts, and on the centre of all the unpaved parts, as it is now improved
and cleared, unto Reister's-town, and From thence as far as George Fisher's tavern, which plot, when
so returned and recorded, shall be for ever thereafter taken and deemed, together with thirty-three
feet of each side of the aforesaid central line, to be the Reisterstown turnpike road, any thing in
any law to the contrary notwithstanding; provided always, that nothing herein contained shall be
so construed as to affect the right, title or claim, of any person or persons who may have built, or
may own, any house, or part of any house or houses, within the limits of said road, and the said
buildings, or such parts thereof, as may be within the limits aforesaid, shall always be considered to
be the property of the owner or owners thereof so claiming, so long as the said buildings shall con-
tinue to be kept in habitable repair.

CHAP.
LXXX.

VI. AND BE IT ENACTED, That the said levy court shall cause to be cut down, cleared and
grubbed, during this and the ensuing winter, the Elizabeth-town" turnpike road, from the intersection
thereof with the Reister's-town road to captain Alien's mill, on Patapsco falls, as it is now laid out,
or as it may be laid out in consequence of any act of this or the last session of assembly.

VII. Whereas, by the act entitled, An act to appoint commissioners to examine; survey and lay
out, the road therein mentioned, no compensation is provided for the commissioners therein menti-

Road to be cut
down, &c.

oned; therefore, BE IT ENACTED, That each commissioner appointed to lay out and mark the road
mentioned in the said recited act, shall be entitled to receive two dollars per day for every day they
shall attend in the execution of the duties required of them by each act, to be paid by the levy court
of Baltimore county, out of the money levied on said county for the support of the criminals ad-
judged to labour on the turnpike roads.

Allowance to
commissioners
&c.

VIII. AND BE IT ENACTED, That the said levy court shall, out of the said funds, allow and pay
tinto the surveyor and chain-carriers, ax- men and poles-men, to be employed by said commissioners
in surveying and marking said road, a reasonable compensation for their services.

Court to allow
the surveyor,
&c.

IX. AND BE IT ENACTED, That the rate of toll to be hereafter collected shall be the same at
each of the g.ates which have been erected by the commissioners of review.

X. Whereas, by the sixteenth section of the act of November session, eighteen hundred and one,
chapter twenty-seven, the supervisor appointed by the commissioners of review, when required by
the levy court of Baltimore county, is directed to deliver over to the supervisor appointed in virtue
of the above recited act, all the criminals that should be under his charge, and also all waggons, and
so forth, belonging to said county, and to render an account, on oath or affirmation, to the justices
aforesaid, of all monies by him received and expended within twelve months then last past, and to
pay over the monies in his hands to said justices, and on neglect or refusal it should be lawful for
Baltimore county court, upon motion, and at the instance of the levy court, to direct judgment to
be entered on the bond of such supervisor against him and his securities : And whereas it appears
that tli;; supervisor never gave bond, and therefore the remedy prescribed by said act is inoperative ;

Rate to be the
same, &c.

for remedy whereof, BE IT ENACTED, That in all cases where the supervisor or supervisors ap-
pointed as aforesaid shall, on the demand as above recited, refuse or neglect to comply with the di-
rections and provisions of the sixteenth section of the aforesaid act, where bond has not been given
for the performance of his duty, on application as aforesaid by the said justices to the county court
aforesaid, stating that no bond had been given, and in what said supervisor had refused or neglected,
it shall and may be lawful for said court to enter judgment against such supervisor for the sum due,
in the same manner as the said court could have done in case bond had been given; provided, that
if such supervisor shall demand a jury trial, he shall be entitled to the same, and that the said coun-
ty court shall cause an issue to be made in a summary way, of the subject matter of dispute, and the
jury shall ascertain the sura due from such supervisor, and the judgment of the court shall be given
for such sum, in the same manner as in actions on the case, and be enforced in the same way as
other judgments at law; and provided further, that such supervisor shall riot be entitled to a conti-
nuance, unless it shall appear to tke satisfaction of the court that it is necessary for the merits of
the case.

In certain
cases, court
may enter
judgment, &c.

XL AND BE IT ENACTED, That any thing in the act to which this is a supplement repugnant to
or Inconsistent with, the provisions of this act shall be and the same is hereby repealed.
L CHAP.

Part of an act
repealed.