ROBERT WRIGHT, ESQUIRE, GOVERNOR. NOVEMBER

1806.

near the seat of Edward Johnson, in the nearest and best direction to Isaac Green's mill, upon
Jones' Fall, thence with said Green's present road to intersect the Falls turnpike road, and thence
by the nearest and best route to the York turn-pike road, at or near the residence of Rosseter Scott,
would remove great inconvenience under which said petitioners now labour for want of a road in the
above direction, and would greatly promote the public utility; therefore,

CHAP.
LXXVIII.

II. BE IT ENACTED, by the General Assembly of Maryland, That John Hosselbaugh, Nathan Ste-
venson and Daniel Evans, be and they are hereby appointed commissioners to survey, lay out, clear
and open, at the expence of those persons who shall conceive themselves benefitted thereby, a road,
not exceeding thirty feet in width, beginning at the angle of the Reister's-town turnpike road, near
the seat of Edward Johnson, in the nearest and best direction to Isaac Green's mill, upon Jones'
Falls, thence with said Green's present road to intersect the Falls turnpike road, and thence by the
nearest and best route to the York turnpike road, at or near the residence of Rosseter Scott.

Commissioners
appointed, &c.

III. AND BE IT ENACTED, That the said commissioners, or a majority of them, are hereby em-
powered to contract with the proprietor or proprietors of the land over which the said road may
pass, and in case they cannot agree, then and in that case the said commissioners, or a majority of
them, shall forthwith issue a warrant, under their hands, and directed to the sheriff of the said county,
commanding him to summon twelve good and lawful men of the county, not interested in the land, or
connected with the parties, to be and appear on the premises, on a certain day by him to be appoint-
ed, and in case the number of twelve shall not attend, the said sheriff shall summon other persons,
qualified as aforesaid, until that number do attend, and the said sheriff shall then and there empan-

nel the jury, and administer to them the following oath, or affirmation, as the case may require, to
wit: " I, —— ——, do swear, (or affirm, ) that I will well and truly, without favour, affection,
" prejudice or partiality, ascertain the damages that will be sustained by the proprietor or proprie-
" tors of the land, in consequence of the passage of a road laid out in virtue of this act, according
" to the best of my judgment; so help me God;" and the contracts by the commissioners, or inqui-
sition of the jury, as the case may be, together with a plain plot of the said road, and a certificate
of the courses of the same, shall be returned to the clerk of the county court, to be there recorded,
and on the payment of the sum or sums of money contracted for, or ascertained as aforesaid, the
proprietor or proprietors through whose lands the said road shall pass, and upon payment or tender
of such damages by any person or persons to the proprietor or proprietors aforesaid, the said road
shall be recorded among the records of Baltimore county court, and be hereafter deemed and taken
to be a public road for ever, and shall be kept in repair as other public roads in said county are di-
rected to be kept; provided, that if the said road shall run on the bed of any public road heretofore
laid out, and now in use, such person or persons through whose lands the said public road now
passes, shall not be entitled to receive any compensation for damages herein before directed to be
paid; provided also, that the said road shall not pass through any enclosed yard, garden, orchard
or meadow, without the consent of the owner or owners,

CHAP. LXXIX,

Who may con-
tract, &c.

An ACT, entitled, A supplement to an act, entitled, An act to
prevent any obstruction of the navigation in the river Patowmack.

WHEREAS the law to which this is a supplement has not had the desired effect of preventing
obstructions in the river Monocacy; therefore,

Passed 4th of
Jan. 1807.

Preamble.

II. BE IT ENACTED, by the General Assembly of Maryland, That all fish dams, or other devices for
catching of fish, already made, or hereafter to be made, and all other erections hereafter to be made,
on the river Monocacy, below the mouth of Pipe creek, shall be and they are hereby declared nui-
sances, and may by any person or persons be pulled down, prostrated and abated as such, and that
no person or persons whatsoever shall hereafter put, place or erect, any such fish-dam, or place or
make any heap of stones, or other erection whatsoever, within the said river, under the penalty of
twenty pounds current money for every such offence, to be recovered in Frederick county court,
with costs, by action of debt, bill of indictment on information, one half to the informer, or him or
them that will sue or prosecute to effect for the same, and the other half thereof to be paid to the
sheriff of Frederick county, to be by him accounted for and paid to the justices of the levy court of
said county, towards defraying the county charges.

Fish dams de-
clared nui-
sances, &c.

III. AND BE IT ENACTED, That if any slave or slaves whatsoever shall put, place or erect, any
such fish-dam, or place or make any heap of stones, or other erection whatsoever, so as to obstruct
the navigation aforesaid, upon complaint, upon oath, to a justice of the peace of said county, it

Penalty on
slaves offend-
ing, &c.