at the time of such election or general or special meeting of
the said company shall have been fully paid and discharged as
aforesaid.
10. AND BE IT ENACTED, That it may be lawful for
the said president and managers, superintendants, surveyors,
engineers, artists or chain bearers, to enter into and upon all
and every the. lands, tenements and inclosures, in, through,
and over which the said road may be thought proper to pass,
and examine the ground the most proper for the purpose, and
quarrys of stone, gravel, and other materials in said vicinity,
that will be necessary in making and constructing said turnpike
road, and also to survey, lay down, ascertain, mark and fix,
such rout or tract for the same road as in the best of their skill
and judgment will combine shortness of distance with the
most practicable ground where the contemplated road aforesaid
shall past.
11. AND BE IT ENACTED, That it shall be lawful for
the president and managers by and with their superintendants
and engineers, artists, workmen and labourers, with their tools,
instruments, carts, wagons, wains and carriages, and beasts
of draught or burthen, to enter upon the lands in and over,
and contiguous to, and near which the said rout and tract of
the said intended road may pass, first giving notice of their in-
tention to the owner, owners, or occupiers thereof, and doing
us little damage as possible, and repairing any breaches they
may make in inclosures thereof, and making amends for any
damages that may be done to any improvements, upon rea-
sonable agreement, if they can agree, or if they cannot agree,
then upon the appraisement on oath, of three disinterested free-
holders, or any two of them agreeing, to be mutually chosen
by the parties, or if the owner or owners shall refuse or neglect
to enter into such chaise, or shall be an infant, non compos, or
out of the state, then by application to a disinterested justice of
the peace of the county where such appraisement shall be made,
who shall forthwith issue his warrant to three persons, qualified
as aforesaid, who shall immediately thereafter appraise and val-
ue all such materials and damage to inclosures in removing the
same, and shall make out a certificate, under the hands and
seals of them, or any two of them, and return it to the magis-
trate who issued such warrant, whose duty it shall be to enter
the same on his docket, there to remain as evidence of the
debt, so appraised and assessed, and upon payment of such ap-
praised value, or being ready to pay the same, to dig, take, and
carry away, any stone, earth, gravel, clay, or other materials
there being most conveniently situated for making or repairing
said road.
12. AND BE IT ENACTED, That the said managers and
company shall have power to erect permanent bridges over all
creeks, as well as all the waters crossed by said rout or tract,
whereon the same shall be found necessary; and cause a road to
be laid out not more than sixty feet in width, beginning near
the city of Baltimore as aforesaid, and proceeding in the route
aforesaid, and cause twenty two feet in width to be made an ar-
tificial road, which shall be bedded with wood, stone, gravel,
clay, or other proper and convenient materials, well compacted
together, a sufficient depth to secure a solid foundation for the
same; and said artificial road shall be faced with gravel or stone
|
Dec. Sess.
1815.
May enter
lands--survey
&c.
Materials
&c. apprais-
ment.
Bridges—
width of road,
—bedding.
|