| 1796. |
LAWS of MARYLAND.
|
CHAP.
LXIX. |
such justice shall issue a receipt, to be directed to any sheriff,
commanding him
to summon three judicious freeholders, to meet, at a certain time in the
said
precept to be mentioned, at the place in the said road, bridge or causeway,
of
which complaint is made, notice of which meeting shall also be given to
the
keeper of the gate or turnpike nearest thereto; and the said justice shall,
at such
time and place, by the oaths, or affirmations, of the said freeholders,
inquire
whether the said road, bridge or causeway, or any part thereof, are in
such good
and perfect order, and repair as aforesaid, and shall cause an inquisition
to be
made, under the hands of himself, and of a majority of the said freeholders;
and if the said road, bridge or causeways, shall be found by the said inquisition
to be out of order and repair, according to the true intent and meaning
of this
act, he shall certify and send one copy of the said inquisition to each
of the
keepers of the turnpike gates between which such defective place shall
be, and
from thenceforth the tolls hereby granted to be collected at such turnpikes
or
gates for passing the interval of road between them shall cease to be demanded,
paid or collected, at such turnpikes or gates, until the said defective
part or parts
of the said road, bridge or causeway, shall be put into good and perfect
order before the meeting of the next court of the county wherein the president
of the company shall reside, the said justice shall certify and send a
copy of the
said inquisition to the judges of said court, and the said court shall
thereupon
order capias ad respondendum against the said president, to which
the name of the
attorney-general, or his deputy, shall be put, on which action the same
proceedings
shall be had as in other suits at law; and if it shall appear that the
neglect
charged in the said inquisition is well founded, the said court shall
give judgment
according to the nature and aggravation of the neglect, and shall proceed
to fine
the said president and company in any sum not exceeding two hundred dollars. |
Shares may
be transferred,
&c. |
XXVIII. And
be it enacted, That it shall
and may be lawful for every of the
said proprietors to transfer his or her shares, by such deed, and in such
form, as the corporation by ordinance shall direct. |
Administrator
may hold,
&c. |
XXIX. And be
it enacted, That in case any
person shall die intestate, holding
any share or shares in the said corporation funds, the administrator or
administrators
of such intestate, or the survivor or survivors of them, shall hold
the same interest in the said funds,
and be entitled to all the benefits thereof, as
the said intestate in his life shall have had or held therein, and shall
be and are
hereby authorised and empowered to transfer the same, or make sale thereof
in
his, her or their own name or names, and that the same be subject to the
same
disposition as other personal property of the said intestate. |
When perfected,
notice
to be given,
&c. |
XXX. And be
it enacted, That so soon as the
said company shall have perfected
the said road for any distance from Baltimore-town towards the city of
Washington, or from the city of
Washington toward Baltimore-town, not less
than ten miles, and so from time to time any other like distance progressively,
they shall give notice thereof tot he governor of this state, who shall
thereupon
appoint three skilful and judicious
persons to view and examine the same, and
report to him, in writing, whether
the said road is so far executed in a masterly
workman-like manner, according to the true intent and meaning of this act,
and if their report shall be in the affirmative, then the governor shall,
by licence
under the seal of the state, permit and suffer the said company to erect
and fix
such and so many gates and turnpikes across the said road as will be necessary
to
collect the tolls and duties herein granted to the said company. |
Toll for any
ferry, &c. to
belong to the
proprietor,
&c. |
XXXI. And be
it enacted, That the toll for
any ferry or bridge over any navigable
water which may be in the line of the said road, when located and established,
shall appertain and belong to the proprietor or proprietors thereof, so
long as such ferry or bridge shall be by him, her or them, supported and
kept in
good order and repair; but if, upon the presentment of a grand jury, and
verdict
of a petit jury, any proprietor of any such ferry or bridge shall be convicted
of
suffering the same to be impassable for neglect or repair for the space
of five successive |
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