CHAP.
XXVII.
 
 

Commissioners
appointed, &c.
 
 
 
 
 
 
 
 

Damages to be
ascertained, &c.
 
 
 
 
 
 
 
 
 
 

Not to go thro'
buildings, &c.
 

Passed 3d of
Jan. 1800.

Preamble.
 
 

Road declared
public, &c.
 
 

Commissioners
appointed, &c.
 
 
 
 
 
 
 
 
 
 
 
 

How vacancies
are to be filled.

leave the Morgan-town road on the ridge between Aza Beall's and William Coddington's, and from
thence to the line that divides the state of Maryland and Virginia, near the lands of John Forrest,
and have prayed that a road may be laid out and opened in said direction at their expence, which ap-
pearing to this assembly reasonable; therefore,

II. BE IT ENACTED, by the General Assembly of Maryland, That Jesse Tomlinson, George Lynn and
Basil Israel, or any two of them, be and they are hereby appointed commissioners to survey and lay
out, at the expence of the petitioners, a road, not exceeding thirty feet in width, fromt eh Morgan-
twon road, on the ridge between Aza Beall's and William Coddington's, to the dividing line between
Virginia and Maryland, near the lands of John Forrest, in the direction that will best suit the situa-
tion of the ground; and a plot of the said road, when surveyed and laid out, together with a certi-
ficate of the courses of the same, shall be returned by the commissioners to Allegany county levy
court, to be recorded; and the said road, when opened at the expence of the petitioners, shall for 
ever thereafter be deemed and taken to be a public highway, and repaired and improved in the same
manner as other public roads in the said county.

III. AN BE IT ENACTED, That in case the petitioners, and any person or persons through whose
land the road may pass, cannot agree upon the damages sustained by such person or persons, the said
commissioners, upon application of the part or parties interested, shall ascertain and value what da-
mages may be sustained by any person or persons through whose land the said road may pass, who
shall take anoath before some justices of the peace of the said county before they proceed to value the
damages aforesaid, that they will, without favour, affection, prejudice or partiality, assess the damages
sustained by the person or persons at whose request such valuation shall be made by reason of open-
ing the aforesaid road through his, her or their land; and teh said commissioners shall assess and value
the damages accordingly, of which the said petitioners, or some one of them, shall have at least five
days previous notice, and such valuation shall be final and conclusive between the parties, and the
same, when so assessed, shall be paid, or secured to be paid, to the said petitioners, before they shall
proceed to open the said road.

IV. AND BE IT ENACTED, That the commissioners shall not lay out or open the said road through
the buildings, gardens, orchards or meadows, of any person without his or her consent.

                                                         CHAP. XXVIII.
An ACT to make public a certain road Talbot county.          Lib. JG.
            No. 3. fol. 272.

WHEREAS there is a certain part of the road now leading from Easton, in Talbot county, to
the river Choptank, through the land of William Akers, which is private, and the same is
wished to be made public; therefore,

II. BE IT ENACTED, by the General Assembly of Maryland, That the road which now leads from
Easton to the river Choptank, opposite the town of Cambridge, through the land of William Akers, 
be, and the same is hereby declared to be, a public highway, and that the same shall be recorded
among the records of Talbot county.

III. AND BE IT ENACTED, That James Goldsborough, Samuel Dickinson and Henry Martin, are
hereby appointed commissioners, to meet on the said road on or before the first day of May next, at
which time the said commissioners, to meet on the said road on or before the first day of May next, at
which time the said commissioners shall proceed to value such damage as in their opinion shall accrue
to the said William Akers from the road so passing through his land being made public, and that as
soon as the valuation of such damage shall be ascertained by the said commissioners, or a majority of
them, it shall be returned by them, under their hands, to the levy court of Talbot county; and the
said levy court are hereby empowered to levy on the assessable property of said county, such sum or sums of money as shall be returned by the said commissioners to be the value of the damage sustained
by the said Akers from the road being made public, and that the sums so levied shall be put in the
hands of the sheriff of Talbot county for collection; and the said sheriff shall be entitled for his ser-
vices to the sum of six per cent. on the amount of the money so assessed; and as soon as the said mo-
ney shall be collected, it shall be paid by the said sheriff to the said Akers, as a compensation for
such damage.

IV. AND BE IT ENACTED, That in case of the death, resignation, or refusal to act, of any of the
said commissioners, the remainder of them may proceed to appoint such other commissioners as they
                                                                                                                                               may