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Session Laws, 1799
Volume 100, Page 42   View pdf image (33K)
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       BENJAMIN OGLE, ESQUIRE, GOVERNOR.                                NOVEMBER.    1799.

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 ascertained and assessed, shall be paid, or secured to be paid, by the said petitioners, before
the said commissioners 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 for the said commissioners, or any two of them, to issue their warrant to
the sheriff of the county, to summon twelve freeholders of the county, not interested in the premises,
and qualified to serve as jurors in the county court, to appear on the premises, on a day by them to
be appointed; and the said commissioners are hereby authorised to administer an oath to every person
so summoned, that he will, without favour, affection, prefudice or partiality, assess the damages sus-
tained 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 land; and the persons so summoned and sworn shall
thereupon proceed to value and assess the damages accordingly, of which the said petitioners, or
some one of them, shall have at least five days previous notice; and such inquisition shall be final and
conclusive between the parties.

IV. AND BE IT ENACTED, That the said 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. LXIV.
An ACT to lay out certain roads from Andrew Gore and James 
   Cooper's mill, in Baltimore county.      Lib. JG. No. 3. fol. 312.

WHEREAS it appears by the petition of Andrew Gore and James Cooper to this general as-
sembly, that they labour under great inconvenience for want of a road from their mill to the
road leading from Elias Brown's plantation to Elk-Ridge Landing, and a road from the said mill to
intersect the old road leading from the city of Baltimore to Frederick-town, at or near John Cord's 
blacksmith's shop, in Anne-Arundel county; and this general assembly thinking the prayer of said 
petition reasonable,

II. BE IT ENACTED, by the General Assembly of Maryland, That Thomas Buiseman, Orlando G.
Dorsey, Johnsa Dorsey, Vachel Dorsey, of Vachel, and Henry Cord, or any three of them, be and
they are hereby appointed commissioners to survey, lay out and open, at the expence of the said An-
drew Gore and James Cooper, a road, not exceeding thirty feet wide, in such direction as the situa-
tion of the ground will admit, from Andrew Gore and James Cooper's mill, in Baltimore county, to
intersect the road leading from Elias Brown's plantation to Elk-Ridge Landing, and to lay out a
road from the said Gore and Cooper's mill to intersect the old road leading from the city of Baltimore
to Frederick-town, at or near John Cord's blacksmith's shop, in Anne-Arundel county, and the said
roads, when so surveyed, laid out and opened, and the valuation herein after directed to be made
shall have taken place, shall be recorded in Baltimore county court, and shall be deemed and taken
to be public roads for ever thereafter; provided, that nothing herein contained shall be construed to
authorise the levy courts of Baltimore and Anne-Arundel counties to apply any part of the money
levied in said counties to the repairs of the said roads, or of either of them.

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 the said commis-
sioners shall proceed to open the said roads; provided always, that if any person or persons through
whose land the said roads shall pass, or his, her or their guardian or trustee, shall conceive them-
selves aggrieved by such valuation and assessment of damages by the said commissioners, it shall and
may be lawful for the said commissioners, or any two of them, to issue their warrant to any sheriff of
the county, to summon twelve freeholders of the county, not interested in the premises, and quali-
fied to serve as jurors in the county court, to appear on a day by them to be appointed on the pre-
mises; and the said commissioners are hereby authorised to administer an oath to every person so
summoned, that he will, without favour or affection, prejudice or partiality, assess the damages sustain-
ed by the person at whose request such inquisition shall be taken, by reason of opening the aforesaid
roads through his, her or their lands; and the persons so summoned and sworn shall thereupon pro-
ceed to assess and value the damages accordingly, of which the said petitioners shall have had at least
five days previous notice; and such inquisition shall be final and conclusive between the parties.

                                              A a a a a a                                                                   IV. AND

 

CHAP.
LXIII.
Damages to be
ascertained, &c.
 
 
 
 
 
 
 
 
 
 
 
 

Not to go thro'
buildings, &c.
 

Passed 3d of
Jan. 1800.

Preamble.
 
 
 
 
 

Commissioners
appointed, &c.
 
 
 
 
 
 
 
 
 
 
 

Damages to be
ascertained, &c.



 
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Session Laws, 1799
Volume 100, Page 42   View pdf image (33K)
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