LAWS OF MARYLAND.— 1834.

1177

CHAPTER 253.

AN ACT to declare and ascertain the right of Citizens of this State, to
Private Roads or Ways.
See 1835, ch. 362 ; 1836, ch. 255.

WHEREAS, the citizens of this state ought to have a road or
way from their farms and plantations, to places of public wor-
ship, to mills, market towns, public ferries, and court-houses,
and to the public highway, and while such benefit should be
extended to the citizens of this state, it is but just and proper
that it should be granted with as little injury or damages to the
lands through which such private roads or ways shall pass, as
may be consistent with the convenience of the person or persons
who may need such private road or way; therefore, to accom-
plish these objects,

Preamble.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That the levy court, or board of commissioners, as the case
may be, of the several counties of this state, on application of
any person or persons for a private road or way, shall appoint
three discreet and sensible persons, not related to either of the
parties, of the county, who shall act as commissioners to lay

Commis-
sions.

out such private road or way, not exceeding sixteen feet, clear
of ditches, in breadth, and to direct the said commissioners to
lay out the same, taking into consideration the convenience of
the party petitioning for such private road, as well as the con-
venience and interest of the person or persons through whose

Dimensions

lands said road may be located, and the said commissioners
shall be authorized to assess the compensation to be paid to the
owner or owners of the lands through which the said private
road or way may pass, and if any person through whose land
such road may pass, or if the person applying therefor shall ob-

Damages.

ject to its running in the manner returned by the said commis-
sioners, the said levy court, or board of commissioners, as the
case may be, may make such order as to the course of said road,
as they may think proper ; and after any road or way shall be

Objection.

surveyed and laid out agreeably to this act, the said levy court,
or board of commissioners, as the case may be, shall direct the
application for such road, and the return thereof, to be recorded;
and the compensation assessed as aforesaid, and the costs of
laying out such roads, shall be paid by the person or persons
applying for such road or way, and thereafter and thereupon
such road shall be considered as the private way, and the same
shall be kept open and repaired at the expense of such person
as shall apply for the same ; and it shall not be lawful for any

Proceedings

person to stop up or change, or in any manner obstruct such
private road or way, under the penalty of ten dollars, current
money, for every such offence ; Provided, that no such road

148

Obstruc-
tions.