1178

LAWS OF MARYLAND,— 1834.

shall be made through any garden, yard, orchard or meadow ;
And provided also, that any person or persons conceiving him-
self or themselves aggrieved by the determination of any such
levy court, or board of commissioners, as the case may be, in
granting or refusing to grant any way or road, or in the amount
of compensation adjudged or awarded as above mentioned, or
in any matter in consequence of this act, he, she or they, may

Appeal.

appeal to the county court of the county in which such applica-
tion shall be made, and shall be entitled, at the election of either
party, to a trial by jury, and the judgment thereupon rendered,
shall be final between the parties.

Previous
notice
required.

SEC. 2. And be it enacted, That on the application of any
person or persons, for a private road, in pursuance of the provi-
sions of tills act, the levy court, or board of commissioners, as
the case may be, to whom the same is made, shall not be autho-
rized to make the appointment of commissioners aforemen-
tioned, to Jay out any private road or way as aforesaid, until
satisfactory proof shall have been produced, that notice had
been previously given by the applicant or applicants, to the par-
ties through whose lands the proposed road or way is to be laid
out or located, at least ten days before the said application,
which notice shall describe the location to be made.

Apportion-
ment of
award.

SEC. 3. And be it enacted, That in any case, where an appli-
cation shall be made as aforesaid, for a private road or way,
where there shall be an estate for life, or term of years, or
tenancy from year to year, in the lands through which the said
private road or way shall be located, the levy court, or board of
commissioners, as the case may be, shall be, and they are
hereby authorized and required to apportion the amount of com-
pensation awarded by the commissioners appointed as aforesaid,
among the parties interested in the said lands, in proportion to
their several interests in possession, expectancy, remainder, or
reversion, and the several county courts, on appeal, shall have
a similar power of appointment as aforesaid.

Compensa-
tion.

SEC. 4. And be it enacted, That the commissioners to be ap-
pointed as aforesaid, to lay out and locate a private road or way,
as herein provided, shall each be entitled to receive the sum of
two dollars per diem, for each and every day they shall be neces-
sarily engaged in locating said private road or way, and the said
commissioners shall be authorized to appoint a competent sur-
veyor to assist them in locating said road or way, and to allow
him such compensation for his services as they may deem just
and proper, which per diem to the said commissioners, and
which compensation to the said surveyor, shall be taxed in the
expense of said road, and be paid by the person or persons
applying for the same.