694

LAWS OF MARYLAND.

May construct

pike road from the line of the District of Colum-
bia, through Forestville, Centreville and Upper
Marlboro, to Hill's Landing, on the Patuxent
River, over the bed of the present principal public
road leading from the District line, between and
through the above named places; and the width

Width of road

of said road shall not be more than forty feet nor
less than thirty, and that at least fifteen feet of
the bed of said road shall be covered with broken
stone or gravel, and to the depth of ten inches,
unless the natural bed be hard; the location of the
bed of the public road over which this road is to
be constructed, may be changed by said Company
whenever they deem it expedient to do so for the
purpose of a better construction of said road; pro-
vided, the land to be occupied be obtained by agree-
ment with the owner or owners thereof, or by
condemnation, and whenever the consent of the
owner or owners cannot be obtained, and it be-
comes necessary to occupy new ground or use new
material, a jury of twelve disinterested freeholders
and residents of the county shall be summoned by
the Sheriff of the county upon a warrant of a Jus-

Condemn.

tice of the Peace for that purpose, to condemn the
said land or materials and assess the damages, in
which assessment the benefits or advantages of,
said road shall be considered by said jury; and

Inquisition.

provided also, the inquisition thereon taken shall
be signed by the Sheriff and jury, and returned
by the Sheriff to the Clerk of the Circuit Court
for the county in which the condemnation is made,
and unless good cause be shown against the said
inquisition of the jury, it shall be affirmed by the
Circuit Court at the next meeting thereof after the
verdict of the jury, and recorded; but if the said
inquisition should be set aside, the Court may in
its discertion, as often as may be necessary, direct
another inquisition in the manner above described.

Rates of toll.

Sec. 7. And be it enacted, That upon each mile
of said Road, as soon as completed, the Company
shall be entitled to charge toll, and may erect such
toll-gates as the President and Directors may think
necessary for the use of said road, and the rates of
toll shall be as follows: One and one-half cents
per mile for every vehicle drawn by one animal,
and for every vehicle drawn by more than one ani-
mal one and one-half cents per mile for. every ad-