34

LAWS OF MARYLAND.

person or persons according to the nature and aggrava-
tion of the neglect, in his discretion, not exceeding one
hundred dollars for every week such place shall have
been out of order and repair; and in case the said com-
pany should neglect to have the said place repaired
within fifteen days after the aforesaid fine shall have
been laid, then the said Court shall proceed to fine the
said President and Directors in its discretion, not ex-
ceeding two hundred dollars, for the use of the county,
under the direction of the Commissioners of said county.

May hold
land.

SEC. 15. And be it enacted, That the President and
Directors of said company shall have the power and
privilege of purchasing and holding as much land, as
they may deem sufficient for the purpose of erecting toll-
houses thereon, and having gardens thereto attached,
together with necessary out-buildings, for the use of the
toll-gatherers.

Jury to
be sum-
moned.

SEC. 16. And be it enacted, That in case the said
company shall not be able to agree with the owner,
or owners of any land over or through whose lands
the said road may be made, it shall be lawful for said
company, to cause any justice of the peace of Bal-
timore county, to issue his warrant to the sheriff of
said county, directing him to .summon twelve impar-
tial jurors, to meet on the said land on a day therein
named, to assess the damages sustained by said owner
or owners, by reason of said road passing through
such land, or for the taking of stone, gravel, earth or
other material, for the making of said road; the said
jurors taking into consideration the advantages and
disadvantages the said turnpike road may be to the
land-holders, through whose lands said road may be
made, which inquisition shall be returned to the office
of the clerk of Baltimore county, and either party
shall have the right of appeal to the county court,
from the verdict or finding of said jury, within thirty
days, from the dale of said verdict, and in the event
of an appeal being taken by either party, it shall in
no way retard the progress or making of said road,
but they, the plaintiff and defendant, shall be bound
by the award of the said circuit court of Baltimore
county.

Chargea-
ble.

Proviso.

SEC. 17. And be it enacted, That all persons
whatsoever travelling on said turnpike road, shall be
chargeable with tolls, as provided in section 10th of
this act; Provided, that no funeral procession or per-
sons passing to or from church, or from one part of