1839.

LAWS OF MARYLAND.

CHAP. 340.

nies, enter upon or proceed to use the lands, earth, timber,
stone, or oilier materials condemned as aforesaid, before"
they shall first pay or caused to be paid or tendered the
damages which may be awarded by the jury to the owner
or owners as aforesaid.

Rate of tolls.

May erect gates.

Proviso.

SEC. 8. And be it enacted, That the company shall have
the right to collect tolls on said roads, or either of them,
when they shall be made, and so long as the same shall
be kept in good repair, the rate of tolls on the said road shall
be the same as the rate of lolls allowed on the road autho-
rised to be made by the Boston and New-York Coal com-
pany, and on the Turnpike road, the same rate of tolls
which are authorised to be collected on the National road,
between Cumberland and Frostburg; and for this purpose
the said company may erect gates at suitable points on.
said road; provided however, that said road shall not be so
constructed as to interfere with the public road in the Val-
ley of Jennings' run, unless permission is first obtained

commissioners are hereby authorised in their discretion to
grant said permission, if they deem the same advisable.

Persons going
and returning
same day to pay
half tollage.

SEC. 9. And be it enacted, That no person or persons en-
gaged in hauling, conveying or transporting coal, iron,
timber, wood, lumber, plank or produce on the said Turn-
pike road, going and returning on the same day, shall be
required to pay more than one half the loll designated and
specified in this act; that is to say, for every loaded wa-
gon, cart, slide or other vehicle of burden, person on horse-
back, or in any carriage passing the gale, shall pay the re-
gular tollage, but when the same wagon, cart, slide or oth-
er vehicle of burden, person on horseback, or in any car-
riage, shall return the same day, no loll shall be required
for said return.

Any other com-
pany may sub-

scribe for shares.

To fix time for
payment of in-
stalment.

SEC. 10. And be it enacted, That it shall be lawful for
any incorporated company in Maryland, or elsewhere, in
the United States, to subscribe for shares in the stock of
this company; and the company shall have the right of pre-
scribing the amount and limes of the payment of such in-
stalment, as shall be necessary for carrying on the work
from time to time, until the whole sum due on the shares
is paid in, upon giving due notice thereof in Baltimore,
Cumberland, Hagerstown, Frederick and Washinglon ci-
ty, at least thirty days before the payment of said instal-

In case of ne-
glect to pay.

ment; and if any shareholder shall refuse or neglect to pay
his or her instalment aforesaid, for sixty days after the time
of the payment thereof, he or she shall forfeit the shares