PHILIP F. THOMAS, ESQUIRE, GOVERNOR.

1849.

SEC. 9. And be it enacted, That the president and
managers, be and they are hereby authorised to appoint
three commissioners who, or a majority of whom agree-
ing, shall lay out. the said road in the nearest, and best
direction from the place where the present county road
now leading from Waynsboro', Pennsylvania, that inter-
sects the National, turnpike; at all times keeping the bed
of the aforesaid county road, except at certain places,
which in the judgment, of the commissioners might be
considered advantageous and saving to the cost of making
said road, but be it understood that the pike shall pass
through the aforesaid towns in the manner prescribed
in this act, and strike the Pennsylvania line at the place
and point aforesaid, in the direction of Waynsboro',
Franklin county, Pennsylvania, aforesaid, and after
having laid out and marked said road, shall make out a
plat of the same, specifying the course and distance, and
return the same plat to the president and managers, and
said commissioners before they proceed to act, shall take
the following oath or affirmation: I., A. B., do swear
or affirm, as the ease may be, that I will lay out and
mark the Smithsburg and Beaver Creek Turnpike
Road, according to the best of my skill and judgment,
agreeably to the purport of an act entiled, an act to in-
corporate a company to make a turnpike road from the
point aforesaid, to the Pennsylvania line, and I do further
swear or affirm, as the case may be, that. I am not interest-
ed in any land through which said road is likely to pass.

CHAP. 416.

Commissioners
to lay out road
— their powers
and duties.

SEC. 10. And be it winded, That the said company
shall cause the said road to be laid out not less than
thirty-two feet wide, not less than eighteen feet whereof
in breadth, shall be made an artificial road, to be com-
posed of stone, gravel or plank, and shall in no place
rise or fall more than will form an angle of more than two
and a half degrees, with an horizontal line.

Dimensions,

etc.

SEC. 11. And be it enacted, That if said com-
pany shall not commence the making said road within
five years from the passage of this act, and shall not
complete the same within five years thereafter, the right
of the said company to the said road shall revert to the
State of Maryland.

Limited time to
commence and
complete road.

SEC. 12. And be it enacted, That the said company
shall be, and is hereby clothed and invested, as respects
the said road, with all and singular the rights, privileges,
immunities and advantages, not inconsistent with the
provisions of this act, that are held, used and possesse4
by the turnpike company, incorporated by an act of
Assembly, passed February twenty-fourth, eighteen
hundred and forty-four, chapter one hundred and fifty

Corporate
powers.