The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1868-06-26

empowered to collect at the gate or gates
which may be erected, tolls to yield at the
rate aforesaid for the number of miles of
said road or passenger railway which NAV
be finished.
Sec. 100. And be it enacted, That the
corporation of any such turnpike or plank
road shall revise its rates Of toll every six
months for three years from The comple-
ton ofits road, and shall report the amount
Of its revenue and expenditures at any
time when demanded by the County Com
missioners, and if the receipts shall be
found at any time to amount to more than
is necessary to yield eight per centum per
annum net TO the stockholders, the tolls
shall be reduced TO that standard. In all
cases the rates of toll chargable shall be
specified and approved in writing by the
County Commissioners, and shall be, as
nearly as may be, such rates as will yield
the said dividend and no more, and such
writing shall be recorded in the Office of
the County Commissioners and also in the
journal or book Of proceedings ofthe cor.
poration, and copies thereof shall be prin-
ted and exposed to public inspection at
every toll gate; and such writing, or
copy thereof, shall be conclusive evidence
of the right of the company to charge tolls
and of the amounts thereof
Sec. 10. And be it enacted, That if a
company shall be formed to make turn
pike or plank road through several of the
counties of the State, when the same may
be finally completed, a report as hereinbe-
fore mentioned shall be made to the Comp
troler,and by him laid before the Governor,
of the entire cost of said road, and the said
Governor shall therefore appoint five Com
missioners to examine and report to him on
the construction ofsaid road, its adaptation
to public uses, the whole cost thereof, and
the revenue and expenses of ma ntaining
the same, so far as ascertainable; and if
said report shall be favorable, the Govern
or shall issue his warrant to said corpor-
alton, authorizing it to establish toll gates,
and specifying the rates of toll which may
be charged by said corporation, so that
dividend Of eight per cent net may be
made to the stockholders, and the warrant
Of the Governor shall be final in the
premises; and the company shall report
annually to the Comptroller, who shall
lay the same before the Governor, who
may order change of location Of gates
and of the amount of tolls to be charged,
and issue his warrant accordingly when-
ever he may deem the same necessary to
efectuate the intent ofthese provisions.
Sec. Ill. And be it enacted, That when
such corporation shall desire to locate its
road within.he limits ofor through any
incorporated town or city, it shall obtain
the consent Of the corporate authorities of
each town or city to be evidenced as pro-
vided in the case Of County Commission
ers. '
Sec. ll2. And be it enacted, That when
such corporation shall desire to locate the
bed of a turnpike or plank road elsewhere
than on the bed Of existing county roads,
it may agree with the owners of lands for
the right of'way, or obtain the same by
condemnation. 80 ..a o. %
Sec. 113. And be it enacted, That every
agreement for right of way through land
shall be in writing, acknowledged before
Justice ofthe Peace, and recorded by the
corporation amongst the records of the
county or city in which the lands lie, with
in six months after its date. ~.
Sec. ia. And be it enacted, That be-
fore any turnpike or plank road shall be
constructed, the corporation shall cause
plat of the same describing the termini,
and the proposed location to be made and
recorded in the Clerks office of the coun-
ty in which the same may be located, and
in the Clerks Office Of every city and
county into or through which the same
may be proposed to pass, in case the road
to be constructed by said corporation is
to pass to or through more than one
county.
Sec. lis. And be it enacted, That ifthe
corporation shall fail to keep in good Or
der and repair the road made by it for
space of twenty days, any person or per-
sons may file q petition in the Circuit
Court of the county in which-the part of
such road not in good order and repair
may be, alleging the neglect to keep the
same in good order and repair, and any
Judge of said Court being first satisfied by
ex parte proof of the truth of the allega-
NohS VI shO Poiuoi, SHdii pass all OTueT
directing the Sheriff of the county to sum-
mon a jury ofsix persons qualified to serve
as jurors in the Circuit Court to meet on
the part of the said road mentioned in the
petition, and the said jurors being first duly
sworn or affirmed by said sheriff, shall in
quire whether the said part of said road
is in good order and repair; and an in
QUESTION in writing shall be signed and
sealed by said jurors and returned by the
Sheriff to the Clerks Office OF the Circuit
Court of the county, and if said inquisi-
ton shall find that said road is not IN good
order and repair. any Judge of said Court
may, within Ten days after the return of
said inquistion confirm the same and Or
der that tolls shall not be charged by said
corporation at theHgates next on either
side the place in said rpad so out of order
and repair until the said road shall be put
in good order and repair; but the corpor-
I alton NAV, before the confirmation of said