1797.

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

C H A P.
LXV.

alfo the furplus of money advanced; if infufficient to pay for an additional fhare,
fhall be liable to forfeiture, if the prefident and directors fhall choofe to declare
the fame forfeited, and in fuch cafe it fhall and may be lawful for the faid prefi-
dent and directors to fell and difpofe of fuch forfeited fhares for the ufe and be-
nefit of the faid corporation; and if any of the fubfcribers or proprietors, after
any payment fhall have been fo ordered and advertifed as aforefaid, fhall refufe or
neglect to make fuch. payment within the time limitted, and the faid prefident
and directors fhall elect, inftead of the forfeiture aforefaid, to proceed againft
fuch fubfcriber or proprietor, in order to compel fuch payment, it fhall and may
be lawful for the faid prefident and , directors, in the name of the faid corpora-
tion, to profecute an action at law against fuch perfon, either in the general
court, or county court in the county where fuch perfon fhall refide, and if a
copy of the declaration in fuch cafe be ferved with the writ ten days before the
court to which fuch writ fhall be returnable, the faid court fhall proceed to trial
and judgment at the firft term; and any purchafer or purchafers of any forfeited
fhares fhall, in cafe of non-compliance with his or their contract, or failure to

make any future payments that may accrue upon fuch purchafed fhare, after the
time of fuch purchafe, be liable, in the election of the faid prefident and di-
rectors, to forfeiture, or to fuch fummary proceedings as aforefaid, in the fame
manner as any original fubfcriber or proprietor.

A road to be
laid out, &c.

IX. And be it enacted, that the faid company tell caufe the faid road to be
laid out fixty-fix feet wide, twenty-one feet whereof in breadth, at leaft, fhall
be made artificial road, which fhall be bedded with wood, ftone, gravel, or any
other hard fubftance, well compacted together, a fufficient depth to fecure a folid
foundation to the fame; and the faid road fhall be faced with gravel, or ftone
pounded, or other fmall hard fubftance, in fuch manner as to fecure a firm, and
as near as the materials will admit, an even furface; and the faid road fhall be
made fo nearly level in its progrefs, as that it fhall in no place rife or fall more
than will form ah angle of four degrees with an horizontal line, except in its
paffage over the South Mountain, over which the faid road fhall be made fo
nearly level in its progrefs, as that it fhall in no place upon faid mountain rife or
fall more than will form an angle of fit degrees with an horizontal line, and
fhall for ever thereafter maintain and keep the fame in good and perfect order and
repair.

Prefident, &c.
may agree
with owners
applying for
fatisfaction,
&c.

X. And be it enacted, That if the proprietors of the lands through which

the faid road may pafs, and which fhall be condemned by the faid prefident
and directors as aforefaid, fhall apply to the prefident and directors for any
fatisfaction the faid prefident and directors, or a majority of them, may agree
with the owner or owners of faid land for the purchafe thereof, and in cafe
of difagreement, or in cafe the owner fhall be a feme-covert, under age, or non
compos, or out of the ftate or county, on application to any one juftice of the
county in which faid lands may be, the faid juftice fhall iffue his warrant, under
his hand, to the fheriff of his county, commiffioning him to fummon twelve
freeholders, inhabitants of the faid county, not related to the faid owner, nor in
any manner interefted, to meet on the land to be valued, at a day to be expreffed
in the warrant, of which five days notice fhall be given by the fheriff to the
owner of the faid land, or left at his laft place of abode, or given to his or her
guardian if an infant, or if out of the ftate or county by publifhing notice there-
of not lefs than fix weeks fucceffively in one of the Baltimore papers; and the
fheriff, on receiving faid warrant, fhall then fummon the faid jury, and when
met, fhall adminifter an oath, or affirmation, to every juryman, who fhall fwear,
or affirm (as the cafe may require,) that he will juftly, faithfully, impartially
and honeftly, value the lands, and all damages, if any, the owner thereof will
fuftain by the road paffing through the fame, having true regard to all circum-
ftances of conveniences, benefits or advantages, according to his fkill and
judgment, and the inquifition thereupon taken fhall be figned by the fheriff and
feven or more of the jury, and fhall be conclufive, and the fame fhall be re-
turned to the work of the county, to he by him recorded, at the expence of the
faid company, and the valuation expreffed in fuch inquifition fhall be paid by