1795.

L A W S of M A R Y L A N D.

C H A P.

XLV.

by the fpecial commiffioners appointed under the act laft aforefaid, or make fuch
alterations as they may think moft beneficial for the public convenience, agreea-
bly to the faid act, and they fhall caufe a plot thereof to be made and returned
agreeable to the directions of the act aforefaid.

And to open,
&c. the turn-
pike roads,
&c.

III. And be it enacted, That the faid commiffioners, or a majority of them,
fhall have full power and authority to open, clear and keep in repair, the feveral
turnpike roads in Baltimore county, and may, in their difcretion, finifh and com-
plete any of the roads aforefaid which they may think in their judgment will moft
conduce to the public good.

Commiffion-
ers appointed,
&c.

IV. And be it enacted, That Meffieurs Daniel Bowley, William Owings,
Philip Rogers, John Eager Howard, Charles Ridgely, (of Hampton,) James
Ogleby and Thomas Worthington, fhall be and they are hereby appointed com-
miffioners of review of the turnpike roads in Baltimore county, and fhall have
all the powers and authority that the commiffioners of review had under the act to
which this is a fupplement, and the act, entitled, An act to ftreighten and amend
the feveral public roads in feveral counties, and for other purpofes therein mention-
ed, paffed at November feffion, feventeen hundred and ninety, and fhall, before
they act as fuch, take the following oath, or affirmation, to wit: " I ———— do
" fwear, or affirm, that I will, without favour, affection, partiality or prejudice,
" execute the truft impofed on me as a commiffioner of review by the acts of af-
" fembly, entitled, An act for laying out the feveral turnpike roads in Baltimore
" county, and the fupplement thereto, and an act, entitled, An act to ftreighten
" and amend the feveral public roads in feveral counties, and for ether purpofes
" therein mentioned, to the beft of my fkill and judgment."

Who may
contract, &c.

V. And be it enacted, That the faid commiffioners of review, or a majority
of them, fhall have power to contract and agree with any perfon or perfons, or
company, to make, complete and repair, any of the turnpike roads directed to
be laid out by the act to which this is a fupplement, except the road from Balti-
more-town to Reifter's-town, and the York road for the diftance of eighteen
miles from Baltimore-town, and to transfer to any perfon or perfons, or compa-
ny, with whom they may contract as aforefaid, the right and power to exact,
afk, take and receive, fuch rates and tolls as they may judge expedient, not ex-
ceeding the rates eftablifhed by the faid original act; provided neverthelefs, that
the faid commiffioners fhall not farm out any of the faid roads, or transfer the
right of toll thereon, for any greater term than forty years.

In cafe of ne-
glect, a jury
to be fum-
moned, &c.

VI. And be it enacted, That in cafe any perfon or perfons, or company,
with whom the faid commiffioners may contract for the making, completing or
repairing, of any of the aforefaid roads, fhall neglect to complete or repair the
fame agreeably to their contract, the faid commiffioners, or a majority of them,
fhall caufe a jury of five difinterefted freeholders of the faid county to come be-
fore them, on the roads not completed or repaired, who fhall be fworn by the
faid commiffioners, to inquire whether the faid roads, or any of them, have been
completed or repaired agreeably to the contract for that purpofe; and the faid ju-
rors fhall fign their inquifition, and deliver the fame to the faid commiffioners,
who fhall caufe the fame to be recorded among the records of the faid county
within ten days thereafter; and if upon the faid inquifition it fhall be found, that
the faid road hath not been completed or repaired agreeably to the contract on
which fuch inquifition is made, all rights acquired by the perfon or perfons, or
company, contracting for the completion or repair thereof, fhall ceafe and deter-
mine, and the faid commiffioners fhall thereupon exercife all fuch powers and
authorities as by the faid act might have been lawfully exercifed in cafe no con-
tract had been made, and fhall be enabled to maintain an action in Baltimore
county court, by the name of The Commiffioners of Review, for the recovery of
damages for the non-performance of fuch contract, in which action it fhall be
fufficient to declare for money had and received, and the contract on which the
fame is founded, and this act and the fpecial matter may be given in evidence.