LAWS OF MARYLAND.— 1835.

1215

SEC. 2. And be it enacted, That the fractional part of the
road over thirty miles within the limits of this state, shall be
computed as five miles, and tolls shall be demanded and
leceived accordingly.

Fractional
parts to be
computed
as 5 miles.

SEC, 3. And be it enacted, That if any person or persons
whomsoever, subject to the payment of tolls pursuant to this
act, or the original to which this is a supplement, shall pass
through any private gates or bars, or along or over any private
passage way or other ground near to, or adjoining any turnpike
gate, or over any other ground, with an intent to evade the
payment of the toll or duty for passing through any such gate
or turnpike, or practice any other fraudulent means or device, or
misrepresent the distance used or travelled, with the intent that
the payment of every such tolls or duty may be evaded or les-
sened, all and every person or persons, in all, every or any of
the ways or manners aforesaid offending, shall for every such
offence respectively forfeit and pay the sum of five dollars, to be
recovered in the manner and for the use provided in the act to
which this is a supplement.

Forfeit for
evasion $5.

SEC. 4. And be it enacted, That it shall be lawful in cases
where land is necessary for the erection of toll-houses, or stones
or other materials for the repair of the turnpike road, the super-
intendent may agree with the owner or owners of such mate-
rials or land, not exceeding five acres in quantity, for the pur-
chase thereof, and obtain a good and sufficient conveyance
thereof to the state of Maryland for the uses and purposes afore-

Power of
superinten-
dent rela-
tive to toll-
houses.

said ; and in case of disagreement, and in case the owner of
such land or materials should be a feme covert, under age, or
non compos, or out of the state or county, the superintendent
shall apply to a justice of the peace for said county, who shall
appoint three freeholders of said county, who shall under oath

In case of
disagree-
ment.

or affirmation, appraise or value such land or materials, and the
damage which may be sustained by the owner or owners
thereof, and return a certificate thereof to the clerk of Allegany
county court, with whom the superintendent shall deposits
such appraised value to be paid to the party to whom the same
may be awarded to be due, upon the order of the court or a
judge thereof, been given for such payment, and upon said
return and report being made as aforesaid, the title to the said
lands or materials shall vest in the state of Maryland for the
uses aforesaid, subject however to the payment by the state of
such further sum as may in the manner herein after provided,
be determined by the court, to be payable in the premises; and
if the state or any other party interested shaft be dissatisfied
with the appraisement aforesaid, the slate or such party may,

The pro-
cedure.

within ten days after the return thereof aforesaid shall be filed,
file objections generally lo the said appraisement and pray a

File
objections.