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. |