1849.

LAWS OF MARYLAND.

CHAP. 358.

Corporate
powers.

as often as may be necessary for the transaction of the
business of the company.
SEC. 6. And be it enacted, That the company hereby
incorporated and organised, shall have power to make
and construct a continuous plank, or plank and paved
road, at intervals, from the intersection of the line
of the District of Columbia with the Washington and
Rockville turnpike road, through Brookville to the
Baltimore and Ohio rail road, and the said compa-
ny, by and with the consent of the Washington and
Rockville turnpike company, and the commissioners of
Montgomery county, and of Howard district, of Anne
Arundel county, shall and may use and occupy the bed
of said turnpike, and of the Westminster road through
said district and county, and alter and change the said
roads, whenever the grade or course of said road ren-

Provisoes.

ders it expedient in their judgment; provided, that in
case of any such change of location, and whenever it
becomes necessary to occupy new ground, or use new
materials, and the consent of the owner or owners can-
not be obtained, a jury shall be summoned by the she-
riff of the county or district, upon a warrant, of a justice
of the peace, for that purpose, to condemn the said land
or materials, and assess the damages, in which assess-
ment the benefits or advantages of said road shall be
considered by said jury; and provided also, the inquisi-
tion thereupon taken, shall be signed by the sheriff and
jury, and returned by the sheriff to the clerk of his
county, and unless good cause be shewn against the
said inquisition of the jury, it shall be affirmed by the
court at the next meeting thereof, after the verdict of the
jury, and recorded, but if the said inquisition should be
set aside, the said court may. in its discretion, as often
as may be necessary, direct another inquisition in the
manner above described.

To erect toll-
gate and charge
toll.

SEC. 7. And be it enacted, That whenever the said
road shall be completed, or any three consecutive miles
thereof, the said company may erect one or more toll-
gates upon said road, but not within three miles of each
other, and may demand and receive toll, not exceeding
two cents per mile, for any vehicle drawn by two ani-
mals, and for any vehicle drawn by more than two ani-
mals, one-half cent per mile for every additional ani-
mal; for every vehicle drawn by one animal, one cent
per mile; for every score of sheep, or swine, or neat
cattle, two cents per mile; for every horse and rider, one
cent per mile, and for every led or driven horse, one
half cent per mile.