JOHN HENRY, Efquire, Governor.

1797.

part of the faid fubfcriptions, made before or after the election of directors, as
they may find expedient; and if any fubfcriber fhall fail in making payment as
aforefaid within fixty days after the time limitted therefor, he fhall be liable to
forfeit, if the poffeffor of one fhare, the faid fhare fo fubfcribed, as alfo all
monies paid on account thereof; if the fubfcriber fo failing fhall be the holder
of more than one fhare, he fhall be entitled to retain and hold as many fhares
as the fums of money by him advanced will pay for, the remaining fhares, as
alfo the furplus of money advanced, if inefficient 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 againft 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.

C H A P.

LXX.

XL And be it enacted, That the faid company fhall caufe the faid roads to be
laid out fixty-fix feet wide, twenty-one feet whereof in breadth, at leaft, fhall
be made artificial roads, 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 roads 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 roads fhall be
made fo nearly level in their progrefs, as that they fhall in no place rife or fall
more than will form an angle of fix degrees with an horizontal line, and
fhall for ever thereafter maintain and keep the fame in good and perfect order and
repair.

XII. And, whereas the laying out the faid roads may caufe damage to the
owners of the lands through which the faid roads may pafs, and it is reafonable
and juft the owners fhould, if they require it, receive a compenfation therefor, Be

Roads to be
laid out, &c.

it enacted, That if the proprietors of the lands through which the faid roads
may pafs, and which fhall be condemned by the faid commiffioners appointed
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 dif-
agreement, 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 fuch 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 four 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

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