T. HOLLIDAY HICKS, ESQ., GOVERNOR.

1860.

case may be, justly, truly and impartially to value
the damages which may be sustained by the owner
or owners of said land, or materials acquired by
said company; and the said jury, in estimating the
damages aforesaid, supposed to be sustained by the

CHAP. 113.

owner or owners of the land required for the con-
struction of said road, shall take into the estimate
the benefits resulting to the said owner or owners
for conducting this road through or along the land
of such owner or owners, but only in extinguish-
ment of the claim for damages, and the said jury
shall reduce their verdict to writing in the shape of
an inquisition, and sign and seal the same, and it
shall then be returned by the said sheriff to the
clerk of the Circuit court of Baltimore county, to
be by him recorded, and either party shall have
the right to appeal from the verdict of the said
jury to the next Circuit court of the county, and
the said damages shall be paid by said company
into the hands of the sheriff, for the person or per-
sons to whom the same is awarded, before said
company shall proceed to make use of said land for
the purposes of said road, or to remove said mate-

Verdict to be
returned to
clerk of Cir-
cuit court.

rial, as the case may be; Provided, however, that
said company shall have full power to enter upon
and survey the land required, if necessary, as pre-
liminary to such condemnation, and the justice,
sheriff and clerk shall be entitled to receive the
same fees for services under this act as they are al-
lowed 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 said company, and the said company or
its agents shall have power to remove said mate-
rials required for the road as aforesaid across any
lands not in grain, upon paying to the owner or
owners thereof a reasonable compensation,, to be
ascertained as aforesaid by a jury, in case the privi-
lege cannot be obtained by agreement.

Proviso.

SEC. 11. And be it enacted, That when said road
is finished and perfected as far as the Rolling road,
or as far as the Sulpher Spring road, in the man-
ner prescribed in the eighth section of this act, the
said company shall be authorised to erect a toll
gate thereon, and receive and demand for travel
thereon, at the following rates per mile for every
mile so finished and perfected, viz: for every wa-
gon, or carriage of any description, and for every ani-

Toll-gates,
rates, &c.