T. HOLLIDAY HICKS, ESQ., GOVERNOR.

1860.

rectors before they shall proceed to use said ma-
terial or take possession of said lands; Provided,
that in laying out and opening said road passing
the same over any part of any field on which there
is a growing crop, said field shall not be opened
or taken possession of as aforesaid until after said
crop growing has been gathered; Provided, also,
that in the removal of material for the construction
of said road, the right of removal shall be vested
in said company, but the same rule shall apply to
the non-injury of any growing crops, at the time
when said material maybe wanted, unless the con-
sent of the owner or occupants first had and obtained.

CHAP. 267.

Provisos.

SEC. 9. And be it enacted, That if any person shall
alter or change or in any manner obstruct or en-
croach upon said road or any part thereof, cut
down or destroy any toll or turnpike gate thereon,
or cut, destroy, deface or remove any mile-stone set
up by said road company on the route aforesaid, or
place any obstruction whatsoever on said road or
make any pit or dangerous hole therein, such per-
son or persons so offending may be indicted in the
Circuit court of Frederick county aforesaid, and
being thereof convicted shall be fined in the dis-
cretion of the said court for the use of the said
corporation or imprisoned according to the nature

Road protect-
ed from in-
jury.

of the offence; Provided, nevertheless, where the
damages or injury thus committed shall not be
laid at more than twenty dollars, for each offence,
and in the whole not more than fifty dollars, the
same may be sued for and recovered before a jus-
tice of the peace in and for Frederick county, as
small debts or damages are recovered.

Proviso.

SEC. 10. And be it enacted, That the president
and directors of the said road company shall have
full power to demand and receive annually after
said road is put in operation, and during the time
said road is in progress, all such sum or sums of
money from the county commissioners as is now
levied for the repairs of the said road, such pro rata
or allowance as, is just and equitable, according to
the length of said improvement as above provided,
and that it shall, be the duty of the county commis-
sioners of Frederick county annually thereafter to
place upon the county levy for the benefit of said
road company such fair pro rata allowance as is re-
quired in their judgment, and is allowed for the
road according to its length in said neighborhood;

Annual levy.