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3. And be it enacted, That such additional stock as may be sub-
scribed under this act, shall be applied exclusively to open-
ing and making the said road, front the cross roads near Rich-
ard Caton's limekiln, to George Kerlinger's mill, and from
thence to the line of Pennsylvania; which road the president,
managers and company, of the Falls turnpike road, are hereby
authorised and empowered to open and make accordingly, and
for that purpose to enter upon, pass through, use and occupy, all
the lands included within the location of the said road, of the
width hereby directed.
4. And be it enacted, That if any person or persons through
whose lands the said road is about to pass, or the guardian of
any such person or persons, shall object thereto, then the said
president, managers and company, may apply to any two justices
of the peace for Baltimore county, who upon the said application,
are hereby required tit issue their warrant, under their hands and
seals, directed to the sheriff of Baltimore county, commanding
him to summon twelve disinterested men, qualified by law to
serve, as jurors in the county court, to meet upon the premises
at a certain day, of which six days notice, at least shall be given
to the party or parties interested, his or their guardian; and the
said jurors, when so met, and having each taken an oath before
some justice of the peace, that he will without favour, affection,
prejudice, or partiality, assess the damages to be sustained by
the person or persons through whose land the said road is about
to pass, by reason of opening the aforesaid road through his, her,
or their lands, shall thereupon proceed to value and assess the
damages accordingly, taking into consideration the advantaged
and disadvantages, if any; and such inquisition and valuation
shall be final and conclusive between the parties respectively,
and shall be returned by the jurors aforesaid to the justices of
the peace by whom the aforesaid warrant was issued; and the
damages so assessed shall be paid, or tendered by the said presi-
dent, managers and company, to the person or persons, his, her,
or their guardian, in whose favour the same shall be assessed,
before they shall proceed to open the said road through the said
land.
5. And be it enacted, That the said road shall be laid off, open-
ed, and made sixty feet wide, of which twenty feet shall be of
earth or gravel, or stone, or such other substance as will make,
a firm road, and so nearly level in its progress as that it shall
in no place rise or fall more than will form an angle of four de-
grees, with an horizontal line; and the said company may erect
bridges over any or all of the streams that the said road may
pass, and may erect gates on the said road to collect, the tolls; and
whenever five miles of the said road shall be completed, the said
company shall he entitled to receive such tolls thereon as are
granted in the act to which this is a supplement; Provided, that
no tolls shall be demanded from any person or persons passing or
passing from one part of a farm to another, whereon he, she
or they, may reside.
6. And be it enacted, That the said president, managers and com-
pany, in case they find it impracticable at first to make the said
11
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Dec. Ses. 1816
To be applied
exclusively to
making road.
Jury summon-
ed to ascertain
damages.
Road to be 60
feet wide.
Proviso.
In certain case
road to be
ditched.
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