CHAP.
LXXVIII.
 
 
 
 
 
 
 
 
 
 
 
 
 

Compensation
to be made, &c.
 
 
 

Money to be
levied, &c.
 
 
 

Court to ap-
point persons, 
&c.
 
 
 
 
 
 
 
 
 
 
 
 
 

Road declared
public, &c.
 
 
 
 
 
 

Passed 3d of
Jan. 1800.
 

Defendant,
non-resident, b-
ing summoned,
a day to be li-
mitted, &c.

return a jury of twelve good and lawful men of the said county, not interested or related to the party
or parties, to be and appear before some one of the justices of the said court, on the premises, at a
certain day in the said warrant to be expressed, which jury, on their oath, or affirmation, as the case
may be, to be administered by the said justices, shall inquire who are the owner or owners of the said
land over which the road or roads so laid out and ratified shall pass, and what damages such owner or
owners will actually suffer from the passage of such rod or roads over the said land, the said jurty
taking into consideration all conveniencies and inconveniencies, advantages and disadvantages, if
any, arising from the opening and improving of the said road or roads; and such sheriff shall return
the inquisition of the said jury, under their hands and seals, and attested by his official signature, to
the next levy court to be held for the county, and the amount of the damages therein expressed, if
any, shall be paid, by order of the said court, out of the monies to be levied as is by law directed;
provided, that the said road or roads shall not be made to run through any building, enclosed yards,
garden or orchard, without the consent of the owner, nor shall any field in which grain, hemp, flax,
tobacco, or other cultivated vegetables are growing, be laid open until after the season for collecting
and securing the crop growing in such field.

IV. AND BE IT ENACTED, That when the commissioners who may be appointed under this act shall
have discharged all the duties required of them in virtue of such appointment, the levy court afore-
said shall order to be made to the said commissioners respectively, out of the monies to be levied as
by this law directed, such reasonable compensations as to the said court shall seem meet, and the said
commissioners respectively shall thereafter be discharged.

V. AND BE IT ENACTED, That the levy court of said county shall and they are hereby authorised
to levy annually, until said road or roads is or are completed, on the assessable property of said coun-
ty, a sum not less than eighty dollars, nore exceeding two hundred dollars, for the purpose of defray-
ing the expence of clearing and improving said road or roads, which monies shall be collected as all
other public charges are by law directed to be collected.

VI. AND, wheras the road leading from Ninian Cockran's store, at Genning's run, up Will's 
creek, by John Tomlinson's mill, in Allegany county, to the Pennsylvania line, established by an act
passed at November session, one thousand seven hundred and ninety-seven, runs through the land of
John Tomlinson, much to his injury, as it is represented; therefore, BE IT ENACTED, That the
county court of Allegany county be and they are hereby authorised, upon the petition of John Tom-
linson, to appoint three discreet persons, freeholders in the said county, commissioners, to view,
survey and plot, the road so applied for, through the land of said Tomlinson, and make return there-
of to the court at their next meeting, who, on receiving such plot, shall examine the same, and all
the evidence that shall be offered for or against the said road, as returned, and may reject or confirm
the same, or may direct the commissioners to alter and amend the said plot, and when so amended,
may reject or confirm the same, and when confirmed and opened as the said county court shall direct,
shall be deemed a public road.

VII. AND, whereas sundry inhabitants of Allegany county, by their petition to this general as-
sembly, have represented, that there has been a road laid out from a tract of land called Bear Camps,
through Sebly's Port, to the Virginia line, in a direction to Morgan-town, at a place called Jenning
Cabin, and has been kept in repair as a public road for several years past; and as the establishing of
the same as a public road would greatly administer to the convenience of the public, they have pray-
ed that the same may be made a public road, which appears to this general assembly reasonable;
therefore, BE IT ENACTED, That the road in Allegany county leading from Braddock's road, at a
tract of land called Bear Camps, as aforesaid, through Selby's Port, to the Virginia line, at a plce
called Jenning's Cabin, be and the same is hereby declared, deemed and taken to be, a public road
for ever, and hereafter to be kept up and repaired as other public roads are in said county, any law
to the contrary notwithstanding.

                                   CHAP. LXXIX.
An ACT to prevent unnecessary delay and expence, and for the
   further advancement of justice, in the court of chancer.   Lib.
   JG. No. 3. fol. 331.

BE IT ENACTED, by the General Assembly of Maryland, That in case any defendant in a cause insti-
tuted, or hereafter to be instituted, in the court of chancery, resides, or shall reside, out of
the state, and a summons from the said court hath been or shall be served upon the said defendant,
                                                                                                                                          and