of Frederick county; that he has paid the whole caution money for the
same, and obtained the possession
thereof; that the said Normand Bruce has assigned the said certificate
to his son Upton Bruce;
And whereas doubts exist as to the title to said land,
II. BE IT ENACTED, by the General Assembly
of Maryland, That the right of this state in and to the
aforesaid tract of land called Bear Range, lying to the westward of Fort
Cumberland, in Allegany
county, be and the same is hereby released, and confirmed to the said
Upton Bruce, his heirs and
assigns; and that the register of the land-office for the western shore
be and he is hereby authorised
and directed to issue a patent for the said land to the said Upton
Bruce; provided nevertheless, that
nothing in this act contained shall operate to affect the right of any
person or persons heretofore acquired
to the whole or any part of the said tract of land. |
CHAP.
XIX.
Right released,
&c. |
An ACT to lay out and open a road from Jesse Tomlinson's, on
Bradock's old road, to Matthew
Ball's, on George's creek.
WHEREAS it is represented to this general assembly, by the petition
of sundry inhabitants of
Allegany county, that a road to lead from or near Jesse Tomlinson's, on
Bradock's old road,
to cross Savage river near the falls, and from thence the most advantageous
way to intersect the road
leading from John Compton's to the village of Western Port, at or near
Matthew Ball's; and the
prayer of the said petitioners being thought reasonable,
II. BE IT ENACTED, by the General Assembly
of Maryland, That Jesse Tomlinson, Matthew Ball
and John Neptune, or any two of them, be and they are hereby appointed
commissioners, to survey
and lay out a road, to be opened at the expence of the petitioners aforesaid,
not exceeding twenty
feet it width, in such direction as they shall conceive will best answer
the purpose of this act, from
the said Jesse Tomlinson's to Matthew Ball's; and the said road, when surveyed,
laid out and
opened, and the valuation herein after directed to be made shall have taken
place, shall be recorded
in Allegany levy court, and shall be deemed and taken to be a public road
for ever, and
shall be kept in repair as other public roads in said county are kept in
repair.
III. AND BE IT ENACTED, That the said commissioners
shall ascertain and value what damages
may be sustained by any person or persons through whose land the said road
shall pass, and the same,
when so assessed, shall be paid, or secured to be paid, by the said petitioners,
before they shall proceed
to open the said road; provided always, that if any person or persons through
whose land the
said road shall pass, or his, her or their guardian or trustee, shall conceive
themselves aggrieved by
such valuation and assessment of damages by the said commissioners, it
shall and may be lawful fir
the said commissioners, or any two of them, to issue their warrant to the
sheriff, to summon five freeholders
of the county, qualified by law to serve as jurors in the county court,
to appear, on a day to
be by them appointed, on the premises, and the said commissioners are hereby
authorised to administer
an oath, or affirmation, to every such freeholder, that he will, without
favour, affection, prejudice
or partiality, assess the damages sustained by the person or persons
at whose request such inquisition
shall be taken by reason of opening the aforesaid road through his, her
or their lands; and such
freeholders shall thereupon proceed to assess and value the damages
accordingly, of which there shall
be ten days previous notice given to the petitioners, by advertisement,
signed by the commissioners,
and set up to public view in at least three public places in the neighbourhood,
and such inquisition
and valuation shall be final and conclusive between the parties; and provided
also, that the said road
shall not be opened through the buildings, gardens, yards or orchards,
of any person without his or
her consent. |
Passed 19th of
Dec. 1800.
Preamble.
Commissioners
appointed, &c.
Damages to be
ascertained, &c. |
