Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1868-07-23
sec 100 And he it enacted, That the cor

nOrltlOn
shall revise its rates of toll every six months
for three wears from the completion OF its road,
and shall report the amount OF its revenue and
expenditures at any time when demanded by
the county commissioners, 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 chargeable shall be specified and
approved in writing by the county commission
ers, 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 of the cor
poration, and copies thereof shall be printed
and exposed to public inspection at every toll
gate; and such writing, or copy thereof, shall
be conclusive evidence of the right of the COM
pany to charge tolls and Of the amounts there
of.
Sec. 10. And be it enacted, That if COM
pany shall be formed to make a turnpike or
plank road through several of the counties of
the State, when the same may be finally COM
pleted, report as hereinbefore mentioned shall
be made to the Comptroller, and by him laid
before the Governor, of the entire cost of said
road, and the said Governor shall therefore ap-
point five Commissioners to examine and re-
port to him on the construction of said road,
thereof, and the revenue and expenses of main
tanning the same, so far as ascertainable; and
if said report shall be favorable, the Governor
shall issue his warrant to said corporation, au-
thorizng it to establish toll gates, and specify
ing 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
rI1rc hall 1av fto
same beforeathe Governor, who may order a
change of location of the gates and Of the a.
mount of tolls to be charged and issue his war
rant accordingly, whenever he may deem the
same necessary to effectuate the intent of these
provisions.
Sec. Ill. And be it enacted, That when such
corporation shall desire to locate its road with
in the limits of or through any incorporated
town or city, it shall obtain consent of the cor
porate authorities of each town or city to be
evidenced as provided in the case of county
commissioners.
Sec 49, And be it enacted, That when such
corporation shall desire to locate the bed of
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 OBJ
tain the same by condemnation.
Sec. 113. And be it enacted, That every a.
greement for right of way through land shall
the peace, and recorded by the corporation a.
mongst the records of the county or city in
which the lands lie, within six months after its
date.
Sec. ia. And be it enacted, That before any
turnpike or plank road shall be constructed, the
corporation shall cause plat OF the same des-
cribing the termini and the proposed location
to be made and recorded in the clerk s office OF
the county in which the same may be located,
and in the clerks office ofevery city and coun-
ty into and through which the same may be
proposed to pass, in case the road to be con-
structed by said corporation is to pass to or
through more than one county.
Sec. l15. And be it enacted, That if the cor
poration shall fail to keep in good order and
repair the road made by it for space of TWEEN
ty days, any person or persons may file petit
ton in the circuit court of the county in which
the part of such road not in good order and re-
pair 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 allegations of the pc
tition, shall pass an order directing the sheriff
of the county to summon a jury of six 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 lnqulsltlon 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
inquisition 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
inquisition confirm the same and order that
tolls shall not be charged by said corporation
at the gates next on either side the place in said
road so out of order and repair until the said
road shall be put in good order and repair
but the corporation may, before the confirma-
ton of the said inquisition demand trial in
open court by jury whether said road is in
good order and repair, or may move to quash
the proceedings for any matter of law, in which
case the States attorney for the county shall
appear for the petitioners, and the proceedings
on the part of the petitioners shall be conduct
ed at the cost of the county, and the court may
adjudge on the finding ofthe jury or otherwise,
as may be just and in accordance with princi-
pies of law, and may give judgment for costs
against the county or against the corporation
in its discretion.
| ITO be continued in our ne1t.