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Dec. Sess.
1815
Damages.
Proviso.
Gates.
Toll-gather-
ers and tolls.
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pounded, or other hard substance, in such manner as to form
an even road, a little arched in the middle, and so level in its
progress that it shall no where rise nor fall more than will form
an angle of four degrees on an horizontal line, and shall fore-
ver hereafter maintain and keep the said road in good and per-
fect order and repair.
13. AND BE IT ENACTED, That if the said road shall
be founded and laid out over and upon any land whereby the
owner or owners thereof may suffer damage, the person or
persons sustaining such damages may make application to the
judges of the county court, or in the recess thereof to any
judge of said court where such damages have been committed
and claimed, and thereupon the court, or judge shall direct five
disinterested freeholders, who shall view the same, whose duty
it. shall be to take into consideration the benefit and advantage
that will be derived to the owner of said land from the road
passing through the same, and assess the damages according-
ly; and the said appraisers shall make out a certificate, upon
oath, of the amount, of damages by them assessed, and make
return thereof to the said court or judge who shall have issued
the order; which said court or judge shall direct the same to be
recorded, to be and remain as evidence of the debt to be paid
by the managers and company to the person entitled to receive
the same; Provided, that when the said artificial road shall be
laid out on the bed of any old confirmed road now in use, the
owner of the land through which the same may pass shall not
be entitled to any compensation therefor; Provided also, that
where the contemplated artificial road shall happen to run on
and occasionally depart from any old and confirmed road as
aforesaid, that the owner of such old road, running nearly par-
ralel with the new, may at the discretion of the owner afore-
said, be shut up with the approbation of the levy court of the
county.
14. AND BE IT ENACTED, That to soon as the presi-
dent managers and company, shall have perfected the said road
from the said beginning any distance not less than five miles,
and so from time to time not less than five miles progressively
toward Hagers-Town aforesaid, they shall give notice thereof
to the governor of this state, who shall thereupon forthwith
nominate and appoint three skilful persons to view and exam-
ine the same, and make report thereon whether the said road
is so far done and executed in a complete and workmanlike
manner, according to the true intent and meaning of this act,
and if their report shall be in the affirmative, then the govern-
or shall by licence under his hand, and the great seal of the
state, permit and suffer the said president, managers and com-
pany, to erect and fix so many gates and turnpikes upon and
across the said road, as will be necessary and sufficient to col-
lect the tolls and duties hereinafter granted to the said compa-
ny, from all persons travelling on the same with horses, cattle
and carriages.
15. AND BE IT ENACTED, That the said company
having perfected the said road, or such part thereof, from time
to time as aforesaid, and the same being examined, approved,
and licenced as aforesaid, it shall and may be lawful for said
company to appoint so many toll gatherers as they shall think
proper, to collect and receive from all and every person or per-
sons using the said road the tolls and rates hereinafter men-
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