T. HOLLIDAY HICKS, ESQ., GOVERNOR.

1860.

mare or gelding which may pass through the toll
gate, whether led or ridden, or whether driven,
attached to a vehicle of pleasure or of burden, the
sum of one cent for every mile, and in that propor-
tion for any greater or less distance traveled, unless
the vehicle drawn, shall have a tire over three
inches and one-half in width, in which case one-

CHAP. 274.

half the above rate shall be charged; Provided,
however, that no less than one-half cent shall be
charged per horse or mule for passing through said
gate; and for every score of cattle, sheep or hogs,
or other stock, such rate of toll as is now allowed
by law to be received by the Baltimore and Reisters-
town Turnpike company, and the said company
shall have the same powers to enforce the collection
of the said tolls as are given to other turnpike com-
panies in this State.

Proviso.

SEC. 12 And be it enacted, That the said com-
pany may purchase and hold, use and occupy for
the purpose of a gate-keeper's house, a parcel of
land not exceeding one acre in extent, contiguous
to the line of said road, and at such point as they
may select for such gate, and if they cannot agree
with the owner of such adjoining land, or if the
owner be absent from the country or incompetent to
convey such land, then the said company may pro-
cure the same, to be condemned as provided in the
next succeeding section.

House, &c.
for gate-
keeper.

SEC. 13. And be it enacted, That if the said com-
pany shall not be able to agree with the owner or
owners of any land, over or through whose land
the said road may be made, or whose lands may be
wanted by the said company, for a site for a toll
keeper's house, or if such owner be absent from the
county, or incompetent to contract, any justice of
the peace, upon application of the company, shall
issue his warrant to the sheriff of the county, di-
recting him to summon twenty disinterested per-
sons, qualified as jurors, to meet at the place where
the land sought to be condemned lies, four of whom
may be stricken off the panel by the said company,
or their agent, and four by the person or persons
interested, or their agent, or in the absence or on
the refusal of either by the sheriff, and the said
sheriff shall qualify the remaining twelve, either
by oath or affirmation, justly, truly and impartially
to value the damages which will be sustained by
the owner or owners of such land, by reason of the

Land, &c., for
purposes of
the company
— how obtain-

ed.