Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1876-05-19
NIIAPTER So.

ty seven, entitled "an act Incorporating
n company to open, in part, and improve
the road from Frederick city, in Freder-
icl county, to the Spout Spring on the
Hamburg road, passing Bradrup's Saw
Mill" as revived by an act passed ct the
Januarp session, eighteen hundred and
siXty-eight, chapter two hundred and
thirteen, entitled IAN act to revive an
act incorporating a company to open, in
part, and to improve the road from
Frederick city, in Frederick county, to
the Spout Spriag on the Hamburg road,
passing Bradrup's Saw Mill, passed at
the January session eighteen hundred
and sixty, chapter two hundred and sin
ty sevcn,' and as amended by the act
passed at January session, eighteen hun
bred and seventy, chapter two hundred
and seventy seven, entitled "an act to
repeal SO much of section twelve chap
ter two hundred and sixty-scvcn, of the
act passed March eighteen hundred and
sixty, entitled IAN act to incorporate a
company to open III part and improve
the road from Frederick city, in Frcdcr-
lex county, to the Spout Spring, &c, as
relates of toll, and enact the following
instead viz:
SECTION /. BE It enacted by tile General
ASSEMBLY If Mo3Wand, That it shall and
may be lawful for the President and Dircc-
tors of the Frederick City and Catoctin
Mountain Road Company, and those who
may be in their employment, for that pur-
pose, to enter upon all and every of the
lands and enclosures along the route OF
said road and adjacent thereto, for the
purpose of obtaining materials necessary
to keep said road in repair, and the said
President and Directors shall have and
are harcby given all the power for the
keeping Of said road in repair, that were
vested in them for the purposes of con.
struction by the acts to which this Act is
a supplement-
SEC. ,. and he it enocted, That if the
said President and Directors cannot agree
with any of the propriclors, owner or own
crs of any land, that may be selected an'
required by them in constructing the sale
road, authorized by said original Act, OF
in extending the same as authorized bN
this Act, or for any mstCrial, such rs stone
gravel, timber, &c, required for the pur
pose Of constructing or repairing said roaC
as authorized by said original Act, or il
extending the same authorized by this
Act, or in case the owner or owners there
of are minors, teme c0rert or men c0mp"
mfntis, or not resident of the County o
Frederick, it shall and may he lawful OF
application of said President and Dircc
tors, for any .Jn:ticc of the Peace in ans
for Frederick county, to issue his warran
to the Sheriff of Frederick county, rcquir
ing him to summon twenty persons quail
fed to act as jurors, not interested in The
property to be valued, to meet at or neal
the property to be valued, on day nameC
in said warrant, not less than ten nor more
than twenty days after the issueing of tho
same, and if at the the time named in sale
warrant any of the said jurors summoned
do not attend, the Sheriff shall immediate
ly summon as any more qualified to act rs
Jurors NAY be necessary, with the Juror,
in attendance, to form panel OF twenty
jurors, and from them each party or his
agent, or either party be not prcselt in
person or by agent, the Sheriff, fer such
party, shall strike off four Jurors, and tho
remaining persons shall act as the jury tol
the inquest of damages that before The
said Jury shall proceed TO act, the Sheriff
shall administer TO each of them an oath
that the. will justly and impartialiy value
the damages which the owner shall sustain
by the condemnation of said property re
quiacd by the said President and Directors
for the purposes aforesaid
SEC. 3. AMI be It enacted, That the said
Jury shall summon such witnesses as eth
cr party may require, and examine them,
on oath, in relation to the party to be con
dcmncd, and they shall reduce the tcstimo-
ny to writing, if any is taken by them; and
after the testimony is closed and without
any unnecessary delay, and before proceed
ing to the examination 0tany other claims,
they shall ascertain and determine the
compensation which ought to be made by
tnc said President and Directors TO the
parties owning said property, according to
Their respective interests in it, for taking
the same for the purposes of said road and
the said jury shall reduce their inquisition
to writing and sign and seal the same, and
ii shall be returned by the Sheriff to the
Circuit Court FOR Frederick county, within
twenty days after the finding, and shall be
filed by the Clerk Of the Circuit Court for
Frederick county, in said Court
SEC. f. 1nd be 1t enactcd, That the said
inqnsition shall be confirmed by said Court
at the first tenn held after filing the same,
unless cause he shown the contrary, notice
being first given to the opposite party, or
their agent or attorney, or left ut their
usual places Of above, at least five days be
fore the day fixed by the Court for acting
on such inquisition, and such inuui>ilion
when confirmed, shall be recorded by said
Clerk at the expense Of said President and
Directors provided that if such party
docs not reside in Frederick county, or has
no agent or attorney, no notice shall be
required; and if said inqusltion shall be
set aside, the Court shall direct another in
QUESTION to be held by the Sheriff, in the
manner provided by the foregoing sec
tons.
SEC ). Ind be 1t cn0ctc9, That every
such inquisition shall describe the proper
ty taken, the purpose for which it is to be
used, and the value Of the damage the own
er will sustain thereby, and such valuation
when paid or rendered to the owners OF
such property, or their agent or attorney,
shall cntitlc the said President and Dircc.
tors to use such paopcty for the purpose
required for said road.
SEC. 6. 1n6 be 1t enacted, That when.
ever the said President and Directors shall
require land along the said road for the
purpose Of erecting q tolgatc or toll
l,,co n,J rhn1l mot I,o ohio tn ouran wi IA