1797.

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

C H A P.
LXX.

and honeftly, value the lands, and all damages, if any, the owner thereof wilt
fuftain by the road paffing through the fame, having true regard to all circum-
ftances of conveniencies, benefits or difadvantages, 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 he re-
turned to the clerk of the county, to be by him recorded, at the expence of the
faid company; and the valuation expreffed in fuch inquifition fhall be paid by
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.

And alfo for
ftone, gravel,
&c.

XIII. And be it enacted, That in all cafes where ftone, gravel, or other ma-
terials, fhall be neceffary for making and repairing the faid roads, the faid prefi-
dent or 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,
underage, or non compos, or out of the ftate or county, on application to one
juftice of the county in which fuch materials may be, may proceed in all reflects
in the fame manner for condemning the faid materials for the ufe of faid roads as
in the like cafes where lands are directed to be taken and condemned as aforefaid
for making; the faid reads, 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 provifion for condemning land herein before mentioned.

Fields not to
be laid open.

XIV. 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 public
roads, until after the ufual time of taking off crops then growing thereon.

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

XV. And be it enacted, That if any perfon fhall alter or change, or in any
manner obftruct or encroach on, the faid public roads, or any part thereof, cut
down and deftroy any turnpike gate, or cut, deftroy, deface or remove, any mile-
ftones fet up on faid roads, or put or place any rubbifh, dirt, logs, ftone, or tiny
other obftruction, in the faid roads, or make any pit or hole therein, fuch perfon
may be indicted in the county court, and being thereof convicted, fhall be fined,
or imprifoned, in the direction 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.

An account to
be tranfmit-
ed, &c.

XVI. And be it enacted, That as foon as the roads 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 roads, 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 roads.

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

XVII. And be it enacted, That the faid directors may caufe to be fet op and
erected fuch number of gates or turnpikes acrofs the faid roads at fuch places as
they may think proper, and may take and receive, for paffing the faid turnpikes,
the tolls and rates herein after mentioned, and may ftop any perfon riding, leading
or driving, any horfes, cattle, hogs, fheep, fulky, chair, chaife, phaeton, cart,
waggon, wain, fleigh, fled, or other carriage of burthen or pleafure, from
paffing through the faid gates or turnpikes, until they fhall respectively have paid
the fame; that is to fay, for every fpace of ten miles in length of the faid road
the following fums of money, and fo in proportion for any greater or leffer dif-
tance, or for any greater or leffer number of fheep, hogs or cattle, to wit: For
every fcore of fheep, one eighth of a dollar; for every fcore of hogs, one eighth
of a dollar; for every fcore of cattle, one quarter of a dollar; for every horfe
and his rider, or led horfe, three cents; for every fulky, chair or chaife, with
one horfe and two wheels, one eighth of a dollar; for every chariot, coach, ftage