1805.

NOVEMBER. L A W S OF M A R Y L A N D.

C H A P.

LXXIX.

of such payment, and if the same, and the said additional penalty, shall remain unpaid for such space
of time as that the accumulated penalties shall become equal to the sums before paid in part on ac-
count of such share or shares, the same shall be forfeited to the said company, and may and shall be
sold and assigned by the president and managers of said company to any person willing to purchase
the same, for such price as can be obtained for the same, and the purchaser or purchasers aforesaid,
shall have all the benefit and advantage of such assignment and purchase, as if he, she or they, had
been an original stockholder. i

X. AND BE IT ENACTED, That the said road be made in, over and upon, the ted of the present
road, as laid out and used; provided always, that should it appear on a resurvey of any part of the
said road by sworn surveyors, that a considerable saying in distance or in expence would arise to
the company, that in all such cases it shall be lawful to depart from the tract of the road so originally
laid down, and improve the shorter or less expensive route; provided also, that in all such deviati-
ons the road shall not be diverted or taken from any town or village through which it now passes,
nor shall it pass through the meadows, gardens, orchards or grain fields, whilst the grain or crop is
growing therein, without the consent of the proprietor or proprietors thereof; and provided also,
that where the tract: of the original road shall be departed from, the president, managers and com-
pany, shall agree with the owner or owners of the land through which the same may pass, for the
purchase of the same, (if the owner shall require any compensation therefor, ) and in case of disa-
greement, or case the owner should be a feme-covert, or non compos, or under age, or out of the
state, in such case the compensation to the owner or owners aforesaid for the land aforesaid shall be
ascertained and paid in the manner herein after provided for ascertaining and paying the value of
materials for making said road, before the direction of the said road shall be altered or changed.

XI. AND BE IT ENACTED, That in all cases where stone, gravel, earth or sand, not already quar-
ried or dug for the use of the owner, or for sale, shall be necessary for making or repairing of the said
turnpike road, the president and managers of the company, or a majority of them, or any person
authorised by them, may agree with the owner or owners of said materials for the purchase of the
same, or with the said owner or owners of the land on which the same may be, for the purchase of
said land, and in case of disagreement, or in case the owner should be a feme-covert, or non compos,

or under age, or out of the state or county, the president of the company, or any person authorised
by him for that purpose, shall apply to a justice of the peace for the county wherein the said mate-
rials may be, which 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 a place where the said materials may be, and the said sheriff shall qualify the
said persons, either by oath, or affirmation, (as the case maybe, ) justly, truly and impartially, to
value the damages which may be sustained by the owner or owners of the materials required by such
company, and the said persons shall, after valuing the damage which may be sustained by the owner
or owners of such materials, and return, under their hands and seals, to the justice who issued the
warrant, one copy of their said valuation, one other copy to the president of the company, and one
other copy to the owner or owners of the said materials, if such owner shall reside in the county
where the said materials may be, and shall not be under any legal disability to receive the money ad-
judged, and give sufficient discharges therefor, and the president and managers shall pay, or secured
to be paid, the damages so adjudged, before they shall proceed to remove the said materials; and if
the owner or owners of such materials shall reside out of the county, or be under any legal disabili-
ty, then the president and managers shall enter into bond, conditioned for the payment of the da-
mages assessed to the person or persons who may be duly authorised to receive the same, and shall
lodge said bond, and a copy of the said valuation, in the office of the clerk of the county court, to
be by him recorded, and upon such bond, or an office copy thereof, suit or suits may be instituted
against the obligors therein named, by any person or persons entitled to receive such damages; and
the justice and sheriff shall be entitled to receive the same fees for services under this act as the;
are allowed in similar cases; and the persons summoned as jurymen to value the damages sustained
as aforesaid, shall each receive one dollar for every day he shall attend for that purpose, which fee
and allowance shall be paid by the president and managers of the company at whose instance the
persons may have been summoned.

XII. AND BE IT ENACTED, That the said president, managers and company, shall have power
to erect permanent bridges over all the waters crossing the said road, wherever the same shall
be found necessary, and shall cause the said road to be kept open to the same width, and in the same
place, as they were originally laid out and used, and shall cause twenty feet thereof in breadth
least to be made an artificial road, which shall be bedded with wood, stone or gravel, or any other
hard substance, well compacted together, a sufficient depth to secure a solid foundation to the said