JOHN HENRY, Efquire, Governor,

1797.

the faid prefident and directors to the owner of the faid lands, or his legal repre-

fentatives, before the faid prefident and directors fhall proceed to open the faid

road.

C H A P.

LXV.

XI. And be it enacted, That in all cafes where ftone, gravel, or other ma-
terials, fhall for making and repairing the faid road, the faid prefi-
dent and directors or a majority of them, may agree with the owners or pro-
prietors of the faid materials for the purchafe of the fame, or with the faid owner
or owners of the land on which the fame may be for the purchafe of the faid
land, and in cafe of difagreement, or in cafe the owner fhall be a feme-covert,
under age, or non compos, or oat of the ftate or county, on application to one
juftice of the county in which fuch materials may be, may proceed in all refpects
in the fame manner for condemning the faid materials for the ufe of faid road as
in the like cafes where lands are directed to be taken and condemned as aforefaid
for making the faid read, and the faid parties refpectively fhall have the fame
benefit and advantage of the faid proceedings as they will have under and in vir-
tue of the faid provision for condemning land herein before mentioned.

XII. And be it enacted, That if the faid road fhall be carried through any
fields in actual cultivation, fuch fields fhall not be laid open, or ufed as a public
road, until alter ufual time of taking off the crops then growing thereon.

And alfo for
ftone, gravel,
&c.

XIII. And be it enacted, That if any perfon fhall alter or change, or in any
manner obftruct or encroach on, the faid public road, or a any part thereof, cut
down and deftroy any turnpike gate, or cat, deftroy, deface or remove, any mile-

stones fet up on faid road, or put or place any rubbifh, dirt, logs, ftone, or any
other obftruction, in the faid road, or make any pit or hole therein, fuch perfon
may be indicted in the county court, and being thereof convicted, fhall be fined,
for the life of the corporation, and imprifoned, in the difcretion of the court,
according to the nature of the offence; and the prefident and directors fhall caufe
any obftructions or nuifances on the faid road to be removed, and fhall reftore the
fame to its proper ftate and condition.

Penalty on
perfons alter-
ing the road,
&c.

XIV. And be it enacted, That as foon as the road fhall be completed in the
manner directed by this act, the prefident and directors fhall forthwith tranfmit
to the governor and council a full and fair account of the cofts of faid road, and
the amount of tolls received previous to their completion, and fhall annually
thereafter tranfmit to the governor and council a yearly account of the tolls re-
ceived and expences incurred on faid road.

An account to
be tranfmit-

ed, &c.

XV. And be it enacted, That the faid prefident and directors may caufe to be
fet up and erected fuch number of gates or turnpikes acrofs the faid road, at
inch places as they may think proper, and may take and receive for parting the
faid turnpike gates fet up on the faid road next to the city of Baltimore, Frede-
rick-town, Elizabeth-town and Williams-Port, refpectively, for every coach, or
other four wheeled riding carriage, the drivers, paffengers and horfes, not exceed-
ing thirty cents; for every two wheeled riding carriage, the driver, paffengers and
horfes, sot exceeding fifteen cents; for every waggon, or other carriage of bur-
then drawn by horfes, mules or oxen, not exceeding three cents per horfe, mule
or ox; for every horfe and rider, not exceeding three cents; for every fingle
horfe, camel, afs or mule, not exceeding one cent; and for black cattle, each
not exceeding one half cent; for every fcore of fheep or hogs, at the rate of ten
cents the fcore, and the faid prefident and directors may impofe fuch tolls as

they may think reafonble on paffing any other of the faid gates or turnpikes,
provided, that the faid prefident and directors do not exact or receive, for
paffing the faid road between the faid toll-gates next to the city of Baltimore,
Frederick-town, Elizabeth-town and Williams-Port aforefaid, for every coach,
or other four-wheeled riding carriage, the driver, paffengers and horfes, paffing
the faid gates or turnpikes, more than four cents per mile, for every two wheeled
riding carriage, the driver, paffengers and horfes, not exceeding two cents per
mile; for every waggon, or other carriage of burthen, drawn by horfes, mules

Gates may be
fet up and
tolls received,
&c.