LAWS OF MARYLAND.

133

may seem most adviseable and beneficial to the public; and after
having laid out and marked said road, shall make out a plot of the
same, specifying the course and distance, and return the said plot 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, that I will lay out and mark the "Hancock
Turnpike Company Road, " according to the best of my skill and
judgment, agreeably to the direction of this act; and I do further
swear, or affirm, that I am not interested in any land through which
the said road is likely to pass.

Dec Ses. 1822

7. And be it enacted, That the said company shall open said road
from Hancock, according to the location of the commissioners afore-
said, sixty feet wide, of which at least twenty feet shall be an artifi-
cial road, composed of stone or gravel, and erect and keep up bridges
over streams crossing the same; and when the said road and bridges
shall be perfect, said company shall be entitled to receive the same
tolls which are allowed by law, to the Washington and Baltimore
turnpike company.

Dimensions-
toll.

8. And be it enacted, That the said company shall be, and are
hereby invested and clothed with all the privileges, rights, immuni-
ties and advantages, which are held and possessed by the company
incorporated by an act passed at November session, eighteen hun-
dred and twelve, entitled, An act to incorporate a company to make
a turnpike road from the district of Columbia to the city of Balti-
more; and also with all the rights, privileges and immunities, held
and possessed by the Cumberland turnpike road company, to be go-
verned by the same regulations as are therein prescribed, and entitled
to the same tolls; and every clause and provision in said acts relative
to the road therein proposed to be made, so far as the same are ap-
plicable and not inconsistent with this act.

Privileges.

9. And be it enacted, That it shall and may be lawful for any corpo-
ration or body politic in the United States to become stockholders in
the said company.

Right to sub-
scribe.

10 And be it enacted, That if the said company do not proceed to
carry on said work within two years after the passage of this act, or
shall not, within five years thereafter, complete the said road, it shall
be lawful for the legislature of this state to resume the rights, privi-
leges and franchises by this act granted to the said company.

Limited time.

11. And be it enacted, That the county court of Washington coun-
ty, shall appoint five commissioners, who shall estimate the amount
of damages sustained by any person or persons, by reason of said
road passing through his, her or their lands, or by taking of stone,
gravel or other materials, for the use of the said road, in cases where
the parties cannot agree, which, estimate shall be final in determining
such damages.

Damages.

12. And be it enacted, That it is always to be understood, that the
tolls to be charged on waggons, whose wheels are of certain dimen-
sions, shall be charged according to the original size of the tire, al-
though the same may be reduced by wear below the standard requir-
ed by law; and three days shall only be allowed by this act to the
company to put their road in repair, where fifteen days are allowed
by the act to which this refers.

Tiers—re-
pairs.

CHAPTER 214.

An act to protect the fisheries in the Patuxent river.
WHEREAS it has been represented to the General Assembly, that

Passed Feb
24, 1823.
Preamble.