FRANCIS THOMAS, ESQUIRE, GOVERNOR.

1841.

cd so that it shall not exceed eighteen, nor be less than
twelve feet, through the level ground it shall be raised in the
middle, one twenty-fourth part of its breadth, but in passing
along declivities it may be flat; bridges, side ditches, gutters
and an artificial bed of stone or gravel, shall be dispensed
with, except in such instances as the said president and di-
rectors may deem them necessary, the said president and

chap. 60,

directors first obtaining in writing the consent of the owners
of the land through which said turnpike road shall pass, or
if such consent cannot be had, and if it be necessary that
said turnpike road should pass through the land of any per-
son refusing his, her or their consent as aforesaid, then the

Owners con.
sent to be ob-
tained

president and directors on behalf of the company, shall ap-
ply to a justice of the peace for said county, which said
justice shall thereupon issue his warrant, directed to the

Justice to is-
sue warrant

sheriff of the county, commanding him to summon twelve
disinterested persons qualified to serve as jurors in the coun-
ty court, to meet at the proper place as directed by the said
sheriff, who shall qualify the said persons either by oath or
affirmation, as the case may be, justly, truly and impartially

Sheriff to
summon jury

to value damages which may be sustained by the owner or
owners of said land, and make true inquisition and return of
the amount of damages, taking into consideration the ad-
vantages and disadvantages, if any, which may be sustained
by the owner or owners of said land, under their hands and
seals to the justice who issued the warrant, and that the

Jury to award
damages

decision of the said jurors shall be final; provided, that the
said turnpike road shall not pass through the house, yard,
grist mill, or saw mill of any person.

Proviso.

Sec. 7. And be it enacted, That upon the president and
directors paying, or tendering payment to the owners of
the said land, the sum so awarded by the jurors aforesaid,
as the case may be, they shall have power to cut, dig and
make the turnpike road aforesaid, through such land in the
same manner as if the. consent of the owner had been given
thereto, and that the said president and directors be em-

Upon pay-
ment

powered to erect and make bridges and viaducts over all
such streams of water courses as may be thought necessary
for the benefit of said turnpike road, so as not to obstruct
the free current of said streams or water courses.

To make
bridges and
viaducts

Sec. 8. And be it enacted, That it shall not be lawful
for the said Cumberland and Somerset Turnpike Road Com-
pany to use or occupy any portion of the lands that may be
necessary for the accommodation of the works of the
Chesapeake and Ohio Canal Company, or for the main route
of the Baltimore and Ohio Rail Road, or that may be with-
in the limits of either of the public roads there now existing
except to cross these roads without injuring the same.

Not to occu-
py lands ne-
cessary for
the construc-
tion of the C
and O Canal