JOHN H. STONE, Esquire, Governor.
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1796. |
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 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 a day by them to
be appointed,
on the premises; and the said commissioners are hereby authorised to
administer
an oath to every person so summoned, that he will without favour, affection,
prejudice or partiality, assess the damages sustained by the 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 assess and value the damages accordingly, or 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 or orchards, of any person,
without
his or her consent. |
CHAP.
XXXVI.
Who shall ascertain
damages,
&c.
Road not to
go through
buildings, &c. |
CHAP. XXXVI.
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An additional supplement to the act, entitled, An act for the removal
of the seat of justice from Melville's warehouse
to Pig-Point,
in Caroline county. |
Passed December
30. |
BE it enacted, by the General
Assembly of Maryland, That Messieurs William
Richardson, William Potter, George Martin, Henry Downes, Christopher
Driver, Joshua Driver and John Bennett, are hereby constituted commissioners,
to execute and perform the trusts reposed in them by this act; and
in
case any of the said commissioners should die, refuse to act, or remove
out of
the said county, the others, or a major part of them, shall elect some
other fir
and proper person or persons of the said county in the room of him
or them so
dying, refusing to act, or removing out of the said county.
II. And,
whereas it is represented to this general assembly, that the owners of
the land contiguous to Denton, in Caroline county, are desirous that
a village should
be surveyed and laid out, with convenient streets, lanes and alleys;
therefore
Be
it enacted, that the said commissioners,
or a majority of them are hereby authorised
and empowered, with the consent of the proprietor or proprietors aforesaid,
to survey and lay out any quantity of land, not exceeding fifty acres,
including
the public square called Denton, in Caroline county, and the lands
thereto contiguous, and the same, when surveyed, to be erected into
a village,
and to be called and know by the name of Denton; and such village,
when
surveyed and laid out, to divide into lots, which lots shall be numbered
and
bounded by stones, at every corner of the same; and the said commissioners,
or
a majority of them, are hereby authorised and empowered to survey and
lay out
a sufficient number of streets, not exceeding fifty feet wide, as also
a sufficient
number of alleys, not exceeding twenty feet wide, through the said
village, for
the public convenience; and so soon as the rightful proprietor or proprietors
of
the said lands shall execute a deed or deeds of bargain and sale to
the said commissioners,
in trust for the use and benefit of the inhabitants of the said county,
for such land so laid out for streets and alleys, the same shall become,
and for
ever thereafter be deemed, public highways to all intents and purposes.
III. And be it
enacted, That the said commissioners, or a majority of them,
shall return a correct and accurate certificate and plot of survey
of the said
village, streets and alleys, to the clerk of Caroline county court,
to be by him |
Commissioners
appointed,
&c.
Who are to
survey land,
&c.
Return a certificate,
&c. |
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