436 Assembly Proceedings, Sept. 21-Oct. 29, 1742.

Session
Laws

or Value thereof in Current Money of Maryland, at any Time before
the Twentieth Day of May aforesaid; but if it shall so happen, that
the said Commissioners cannot agree with the said Proprietor or
Proprietors, Owners, or other Persons, upon reasonable Terms, or
that by reason of Absence, Coverture, Infancy, or other Disability
or Impediment, such Agreement cannot be made, that then and in
any such Case, the said Commissioners, or the major Part of them,
are hereby authorized and impowered to issue their Warrant directed
to the Sheriff of the County aforesaid, who is hereby required to
execute the same, commanding him to summon Twenty-four of the
best and most substantial Freeholders of the same County, in which
Case, no Person who is by Law capable of giving a Vote for, or
being elected as a Delegate, shall be exempted, to be and appear
before the said Commissioners, or the major Part of them, on the
Land aforesaid, on a certain Day in such Warrant to be mentioned,
which Freeholders being by them the said Commissioners, or the
major Part of them, charged and sworn, shall upon their Oath
enquire, assess, and return what Damages and Recompence, in Cur-
rent Money aforesaid, they shall think fit to be awarded for the
aforesaid Five Hundred Acres of Land, to the Proprietor or Pro-
prietors, Owner or Owners thereof, or other Persons interested
therein; and whatever Sum or Sums of Money the same Jury shall

p. 47

so assess and award as aforesaid, shall be, and is hereby declared to
be the Value and Price of the same Five Hundred Acres of Land.

Commis-
sioners to
fix the Price
of Lots.

And be it further Enacted, That the Commissioners aforesaid, or
the major Part of them, shall apportion, assess, and fix the Price of
all and every of the Lots aforesaid, according to the Value thereof,
having Regard to the Conveniency and Situation of each respective
Lot, so always as the Prices of all the said Lots added together, may
make up the Sum so as aforesaid to be awarded by the Jury aforesaid,

or the Sum by them agreed for as aforesaid, and no more, and that
the Prices so set and fixed shall be the Sums to be paid by the Takers-
up of each of the said Lots.

200 Acres
to be em-
ployed in
building the
Town, &c.

And be it further Enacted by the Authority aforesaid, That Two
Hundred Acres of Land, so as aforesaid to be surveyed and laid out
into Lots, immediately after the same shall be surveyed and laid out,
shall be, and is hereby made and erected into a Town, and shall be
called Charles-Town; and that the other Three Hundred Acres
aforesaid to be laid out for a Common, shall and is hereby made and
declared to be the Common of the said Town, and that all and every
the Inhabitants of the said Town shall at all Times have and enjoy
the free Use and Benefit thereof in Common.

Proprietors
to have the
choice of
two Lots.

And be it further Enacted by the Authority aforesaid, That the
Proprietor or Owner of the Land aforesaid, to be erected into a
Town, shall either by him or her self, or by any other Person in his
or her Behalf, have Liberty to make choice of any Two of the afore-