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CHAP. 231.
President anil
Directors to
be chosen; au-
thorised to cut
and make said
road to Cum-
berland.
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SEC. 6. And be it enacted, That the president and di-
rectors who may be chosen in the manner hereinbefore pro-
vided for, be and they are hereby authorized and empow-
ered to cut, dig and make said turnpike road from the town
of Cumberland by the nearest and most practicable route
to the Pennsylvania line, in the direction of Bedford, Penn-
sylvania, not to exceed sixty feet in width, the said road to
be graduated in such manner that the acclivity or declivity
thereof, shall not in any case exceed five degrees, the width
of the said road may be varied so that it shall not exceed
thirty feet, nor be less than twenty feet through level ground,
and 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 in-
stances as the president and directors may deem them ne-
cessary, so as not to interfere with any previous rights,
grants or charters, without free consent of the parties, the
said president and directors first obtaining the consent in
writing of the owners of the land through which said turn-
pike shall pass, or if such consent cannot be had, and it be
thought necessary that said turnpike road should pass
through the land of any person or persons refusing his, her
or their consent as aforesaid, then the president and direc-
tors, on behalf of the company, shall apply to a justice of
the peace for said county, which said justice shall there-
upon issue his warrant, directed to the sheriff of the coun-
ty, commanding hun to summons twelve disinterested per-
sons qualified to serve as jurors in the county court, to
meet at a proper place on the premises to be valued not less
than ten days after the date of the warrant, shall qualify the
said persons either by oath or affirmation, as the case may
be, justly, truly and impartially to value the damages which
my be sustained by the owner or owners of said land, and
make true inquisition and return of the amount of the damages,
liking into consideration the advantages and disadvantages,
if any, which may be sustained by the owner or owners of
said lands, under their hands and seals, and the hand and
seal of the Sheriff, to the clerk of Allegany county court,
and unless good cause be shewn against the said inquisition
it shall be affirmed by the said county court and recorded,
but if the said inquisition should be set aside, or if from
any cause no inquistion shall be returned to such court,
within a reasonable time, the said court may at its discre-
tion, as often as may be necessary, direct another inquisi-
tion to be taken in the manner above prescribed, and upon
every such valuation, the jury is hereby directed to de-
scribe and ascertain the bounds of the land by them valued,
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