T. HOLLIDAY HICKS, ESQ., GOVERNOR.

1860.

land or material required by said company, and
the said jury in estimating the damages aforesaid
supposed to be sustained by the owner or owners of
the land required for the construction of said road,
shall take into the estimate the benefit resulting
to said owner or owners for conducting said road
through or along the land of such owner or owners,
but only in extinguishment of the claimer for

CHAP. 112.

damages; Provided, that the inquisition there-
upon taken shall be signed by the sheriff and jury,
and returned by the sheriff to the clerk of the Cir-
cuit court for Baltimore county, and unless good
and sufficient cause shall be shown against the
said inquisition it shall be by the said court at the
term next succeeding the return of said inquisition,
but if the said inquisition should be set aside the
said court may in its discretion as often as may
be necessary, direct another inquisition to be taken
in the manner above described; and provided, also,
that it shall not be lawful without the consent of
the owner or owners to condemn any line for the
construction of said road, which shall pass through
the buildings, yards, gardens, orchards or pleasure
and ornamental grounds of any person or persons.

Provisos.

SEC. 7. And be it enacted, That whenever the.
said road shall be completed or any two consecu-
tive miles thereof, the said company may erect one
or more toll gates upon said road, but not within
three miles of each other, and to charge and re-
ceive tolls at such rates in all respects and upon
such terms, conditions and limitations, as are pre-
scribed in reference to the Baltimore and Frederick-
town Turnpike Company, by their charter or any
supplement thereto; Provided, that it shall not
be lawful without the consent of the president and
directors of said company, and on such terms as
they may impose for any drove or droves of cattle,
swine or sheep to pass over said road.

Toll-gates,
tolls, &c.

SEC. 8. And be it enacted, That the stockholders
of said company in general meeting assembled or a
majority of them shall have power to make and
adopt such by-laws, rules and regulations for the
direction and management of said company as
may in their judgment be necessary for the
purposes of their incorporation not inconsistent
with the provisions of this charter, and the laws
and Constitution of this State, and the president
and directors of said company or a majority of them

By-laws.