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Session Laws, 1860
Volume 588, Page 489   View pdf image (33K)
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T. HOLLIDAY HICKS, ESQ., GOVERNOR.

1860.

SEC. 9. And be it enacted, That the president and
managers of said company may agree with owners
of land required for said road, and also for the pur-
chase of stone, gravel, earth, sand or timber for
said road; and in all cases where they are unable
to agree with the owner or owners, or should he
or she be a feme covert or non compos mentis, or
under age, the said president may apply to a jus-
tice of the peace of the county aforesaid, who shall
thereupon issue his warrant to the sheriff of the
county aforesaid, commanding him to summon
twenty disinterested persons qualified to act as ju-
rors in the Circuit court, to meet upon the land;
after four are stricken off the panel by the presi-
dent or his agent, and four by the persons in-
terested, or in his, her or their absence or refusal,
by the said sheriff, the sheriff shall qualify the
remaining twelve persons, either by oath or af-
firmation, as the case may be, justly, truly and
impartially to value the damages which may be
sustained by the owner or owners of such material

CHAP. 323

Lands and
materials for
the use of the
company —
how obtained.

or land required by such company; and the said
jurors shall, after valuing said damages, return the
same, under their hands and seals, to the clerk of
the Circuit court, of Frederick county, to be by him
recorded; and the said damages shall be paid by
the said company into the hands of the sheriff of
said county, for the persons mentioned in the said
return, respectively, before said company shall pro-
ceed to remove the said materials, or to use the
said land or said road; and the justice, sheriff and
clerk shall be entitled to receive the same fees for
services under this act as they are allowed in simi-
lar cases; and the persons summoned as jurors
shall receive one dollar per day during their at-
tendance, which fees and allowance shall be paid
by the said company, and the said company, or
their agents, shall have power to remove said ma-
terials across any lands, not in meadow or grain,
upon paying a reasonable compensation to the
owner or owners for any injury or damages, to be
ascertained by a jury as above, in case it cannot be
obtained by agreement.

Damages

SEC. 10. And be it enacted, That the said company
shall cause the said road to be laid out and opened,
which said road shall be as wide as the bed is, on
which they propose to build, and shall cause six-
teen feet thereof, or any greater width they may

Road— its
width, &c.



 
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Session Laws, 1860
Volume 588, Page 489   View pdf image (33K)
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