1847.

LAWS OF MARYLAND.

CHAP. 313.

far as is consistent with the nature of the ground, and
shall during the continuance of the corporation main-
tain and keep the said road in good and perfect order
and repair.

Levy court or
commissioners
may close road.

SEC. 12. And be it enacted, That it shall and may
be lawful for the levy court of Frederick county, or the
commissioner of Washington county, as the case may
be, upon the application of any person or persons through
whose lands the old bed of the road passes and which
may not be occupied by the turnpike road, to order and

Proviso.

direct the same or such parts thereof to be closed; pro-
vided, the public convenience does not require that the
same or such part be kept open, and in case any person
or persons shall consider himself or themselves ag-
grieved by the orders of the said levy court or commis-
sioners, such person or persons may appeal to the next
county court of the respective county, when the case
shall be tried in the manner now prescribed in cases of
objections filed to applications for public roads.

To erect toll
gates and to
charge toll.

SEC. 13. And be it enacted, That as soon as the pre-
sident and managers and company shall have perfected
the said road for any distance from either end of the said
road not less than five miles, and so on from time to time,
any other like distance progressively, they shall give
notice to the Governor of the State, who shall there-
upon forthwith nominate and appoint skillful and judi-
cious persons to view and examine the same and report
to him in writing whether the said road is so far exe-
cuted in a masterly, workmanlike manner, according to
the true intent and meaning of this act, and if their re-
ports shall be in the affirmative, then the governor shall
by license under his hand and seal of the State, permit
and suffer the said president, managers and company
to erect and fix such and so many gates upon and across
the said road as will be necessary and sufficient to col-
lect the tolls and duties hereinafter granted to said com-
pany, from all persons travelling on the same with
horses, cattle, wagons, carts and carriages.

To erect
bridges.

SEC. 14. And be it enacted, That the said company
shall have power to erect bridges over all waters cros-
sing the said road, and may enter upon and take all
land or materials necessary for the construction of said

Proviso.

bridges; provided nevertheless, that the president and
managers of said company may agree with the owners
for the, purchase of the same, and in case they shall
not be able to agree with the owners, or if the owner
should be a feme covert, non compos mentis or under
age, the president shall then proceed in the manner di-