1842

FRANCIS THOMAS, ESQUIRE, GOVERNOR.

CHAP. 204.

and break-waters, the said president and 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 turn-
pike road should pass through the land of any person refu-
sing his, her or their consent as aforesaid, then the president
and directors on behalf of the company shall apply to a jus-
tice of the peace for said county, which said justice shall
thereupon issue his warrant directed to the Sheriff of the
county, commanding him to summon twelve disinterested
persons qualified to serve as jurors in the county court, to
meet at the proper place as directed by the said Sheriff,
who shall quality the said persons either by oath or affirma-
tion, as the case may be, justly, truly and impartially 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 advantages
and disadvantages if any, which may be sustained by the
owners of said land, under their hands and seals, to the justice
who issued the warrant, and that the decision of the said

Proviso.

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.

Tolls to be at
the rate of
Cumberland
and Somerset.
Tender to be
made of pay-
ment to own-
ers of land.

SEC. 7. And be it enacted, That the tolls on this road
shall be at the rate authorized by law on the Cumberland
and Somerset turnpike.
SEC. 8. 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 empow-
ered 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.

Wot to occupy
lands necessa-
ry for works
of C. & O. C.
Company.

SEC. 9. And be it enacted, That it shall not be lawful
for the said company 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 within the limits of either of the public roads,
there now existing, except to cross these roads without in-
jury to the same.

Issues forbid.

SEC. 10. And be it enacted, That nothing in this act be
construed so as to authorize the said corporation to issue