PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1847.

if any, that said owner will sustain by the pass-
ing of said road through his premises, taking into
consideration the convenience he may derive therefrom
with its benefits and advantages, to the best of his
skill and judgment, and the inquisition thus taken
shall be signed by the sheriff and seven at least of the
jury, and shall be conclusive to all parties interested,
and the same shall by returned to the clerk of the
county to be by him recorded at the expense of said
company, and the amount of said inquisition shall be
paid to the said owner or his legal representatives by
said president and directors before they shall proceed
to use said material or take possession of said land;

CHAP. 220.

provided however, that if said road shall be laid off
through any fields on which there is a crop growing,
said field shall not be opened or taken possession of as
aforesaid until after said growing crop has been
gathered.

Proviso.

SEC. 10. And be it enacted, That if any person
shall alter or change or in any manner obstruct or en-
croach on said road or any part thereof, cut down or
destroy any toll or turnpike gate thereon, or cut, des-
troy, deface or remove any mile stone set upon said
road, or put or place any obstruction whatever on said
road, or make any pit or dangerous hole therein, such
person may be indicted in the county court of the coun-
ty where such offence may have been committed, and
being thereof convicted shall be fined, for the use of
this corporation, or imprisoned, in the discretion of the
court, according to the nature of the offence.

Penalty for
injuring.

SEC. 11. And be it enacted, That as soon as the
road shall be completed in the manner directed by this
act, from Frederick to Leitersburg, the president and
directors shall forthwith transmit to the governor of
this State a full and fair account of the cost of said
road, and of the amount of tolls received up to that
period, and shall annually thereafter transmit to the
governor an account of the amount of tolls received
and of the expenses incurred on said road within the
year then last past.

Annual state-
ment to be for-
warded to the
Governor.

SEC. 12. And be it enacted, That the said president
and directors, whenever any five miles or more of said
road shall have been completed, may cause to be set up
and erected such number of gates or turnpikes across
said road at such places as they may think proper, and
may take and receive lor passing said gates the tolls
and rates hereinafter mentioned, and may stop any per-
son riding, leading or driving any horses. cattle, hogs

To erect toll
gates and to
charge toll.