president and managers shall enter into bond, conditioned for the
payment of the damages assessed to the person or persons who may
be duly authorised to receive the same, and shall lodge said bond,
and a copy of such valuation, in the office of the clerk of the county
court, to bo by him recorded, and upon such bond, or any office
copy thereof, suit or suits may be instituted against the obligors
therein named, by any person or persons entitled to receive such
damages; and the justice and sheriff shall be entitled to receive the
same fees for services under this act as they are allowed in
similar cases, and the persons summoned as jurymen to value the
damages sustained as aforesaid, shall each receive one dollar for
every day he shall attend for that purpose, which fees and allow-
ance shall be paid by the president and managers of the company
at whose instance the, persons may have been summoned; and the
said president, managers and company, and the persons employed
by them, shall have power to remove the said materials for making
the road aforesaid from and over any ground not in grain or mea-
dow, on their paying to the owner or owners of such ground a rea-
sonable compensation for any injury or damages occasioned by such
removal, to be ascertained by a jury in case the same cannot be ob-
tained by consent or agreement of the parties.
12. And be it enacted, That the said respective presidents, mana-
gers and companies, shall cause the said roads to be laid out and
opened sixty-six feet wide, and bridges to be erected over all the
waters crossing the said roads, and shall cause twenty feet thereof
in breadth, at least, to be made an artificial road, which shall be
bedded with wood, stone or gravel, or any other hard sub-
stance, well compacted together, a sufficient depth to secure a solid
foundation to the same; and the said roads shall be faced with gra-
vel, or stone pounded, or other small hard substance, in such
manner as to secure a firm, and as near as the materials will rea-
sonably admit, an even surface, 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 degrees with an horizontal line, except over the Catoctin
and South Mountains, where it may rise or fall to an angle of five
degrees with a horizontal line, and shall for ever thereafter, during
the continuance of the said incorporation, maintain and keep the
same in good and perfect order and repair.
13. And be it enacted, That as soon as either of the said presi-
dents, managers and companies, shall have perfected cither of the
said roads for any distance from either end of the said roads not
less than five milts, and so on from time to time any other like dis-
tance progressively, they shall give notice thereof to the governor
of this state, who shall thereupon forthwith nominate and appoint
three skilful and judicious persons to view and examine the same,
and report to him, in writing, whether the said roads are so far ex-
tended in a masterly workmanlike manner, according to the true
intent and meaning of this act, and if their report shall be in the
affirmative, then the governor shall, by license under his hand, and
seal of the state, permit and suffer the said respective presidents,
managers and companies, to erect and fix such and so many gates
or turnpikes upon and across the said roads, as will be necessary and
sufficient to collect the tolls and duties herein after granted to the
said companies, from all persons travelling on the same with hor-
ses, cattle, wagons, carts and carriages.
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Dec. Ses. 1817
Bridges to be
erected--width
of the road.
Roads being
perfected five
miles gates
may be erect-
ed.
|