MD Session Laws, 1832
Volume 547, Page 59
CHAPTER 55.
A Supplement to the act, entitled, "An act, vesting certain powers in the President of the United States." (Source)
Passed Feb.18, 1833
Section 1. Be it enacted by the General Assembly of Maryland, That the consent of this State is hereby given, and it shall be lawful for the President of the United States or any other person duly authorized by him, by virtue of any act of the Congress of the United States, now in force, or which may hereafter be enacted, in relation to the United States Road, commonly called the National Road, to change the location of part of said road, within the limits of this state, by beginning at the public square, in the Town of Cumberland, near the Hotel, owned by David Shriver, Esq. and running up Mechanic street, and the main street throughout, up Will's Creek, towards the narrows, and through the narrows, crossing Will's Creek at the most suitable place, then running along the Ravine of Braddock's Run, up to the present National Road, then running with the present National Road, with such deviations as will reduce the grade of said road, as far up as Frostburgh; Provided, that no other deviations shall be made from the principal points already established on said road within the limits of this State; And provided, That the part of said road now authorized to be made, by the said change of location, shall be made of the best materials, upon the McAdams plan; And provided, that a good substantial Stone Bridge shall be made over the Mill Race, in the Town of Cumberland, and over Will's Creek, at the place of crossing; and provided, That substantial Stone Bridges or Culverts shall be made wherever the same may respectively be necessary along the line of said road.
Sec. 2. And be it enacted, That the President of the united States or any person duly authorized by him shall have power and authority to agree with and purchase from making said road, or any of its works; and if no contract can be made for land and materials for the road and works aforesaid, with the owner or owners thereof, or any owner or owners, be a feme covert, under age or non compos mentis, or out of Allegany county, where the property wanted may lie, implication may be made to any justice of the peace of the county, who shall thereupon issue his warrant under his hand and seal, directed to the Sheriff of Allegany County, requiring him to summon twenty inhabitants of said county, not related to either party, or in anywise interested in the premises, to meet on the land or near the property or materials to be valued, on a day to he named in said warrant, not less than ten, nor more than twenty days after issuing the same, and if at any such time and place, any of said jurors summoned shall not attend, the said Sheriff shall immediately summon as many jurors as may be necessary with the jurors in attendance to furnish a panel of twenty jurors in attendance, and from them each party, his, her or their agents, or guardian or attorney, or either of them, may strike out four jurors, and the remaining twelve shall act as the jury of inquest of damages, and if either party shall not be present or refuse to strike, the Sheriff shall strike four jurors, for the patty so refusing or being absent, and if each party shall strike, the same juror or jurors, the Sheriff aforesaid, shall strike a sufficient number to reduce the panel to twelve.
Sec. 3. And be it enacted, That before any jurymen shall act as such, the Sheriff shall administer an oath to each of them, that he will justly and impartially value the damages, which the owner or owners will sustain by the use and occupation of the said land and materials required, and the expense of recording the proceedings in the county court, and the jury in estimating such damages shall take into the estimate the benefits resulting to said owner or owners, from conducting said road, through or near his, her or their estate, but only in extinguishment of the claim for damages; and the said jury shall reduce their inquisition to writing, and shall sign and seal the same.
Sec. 4. And be it enacted, That the said Sheriff shall return said inquisition to the Clerk of Allegany county court, which shall be filed in court, and shall be confirmed by the county court of Allegany county, at its next session thereafter, if no sufficient cause be shewn to the contrary, and if confirmed, shall be recorded at the expense of the owner or owners, of said land and materials; and if disputed by either party, the said county court shall determine the same according to law, and the right of the matter; and either of the said parties may demand a trial by jury, on issues formed, or leave the cause to be determined by the court, at their election.
Sec. 5. And be it enacted, That the President of the United States, or such person or persons as may be appointed by him, shall have power and authority to purchase and contract for all materials necessary in repairing any part of said National Road within the limits of this State, and the same to condemn if refused by the course of proceedings provided for in the second section of this act.
Sec. 6. And be it enacted, That John Hoye, Meshach Frost, and the superintendent for the time being, appointed by the President of the United States, or a majority of them, are hereby appointed Commissioners to report the said National Road, when finished and repaired within the limits of this State, to the Governor and Council of this State.
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