PUBLIC ROADS.

1711

up at the court-house in the city of Baltimore, and the returri
of the commissioners setting forth that they have given the
notice required by the law, or any words to that effect, shall
be prima facie evidence that the same was done.

SEC. 4. And be it enacted. That it shall not be lawful for
any road opened, straightened, widened, altered or amended in
virtue of this act, to pass through the buildings, yards, gardens
or orchards of any person or persons, without the consent of
the owner or owners thereof, 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.

Places
excepled
from roads.

SEC. 5. And be it enacted. That if no objection shall be made
to the return of the commissioners within thirty days next
succeeding the day of such return, the said levy court may pro-
ceed to pass judgment thereon and affirm or reject the same, or
order it to be amended, at the discretion of the said court ; or
the said court may at their discretion postpone their judgment
in the proceedings from time to time, so long as the said court
shall in their judgment think such postponement necessary for
the purposes of justice.

Exception
to return of
commis-
sions.

SEC. 6. And be it enacted, That the said commissioners or a
majority of them, shall value and ascertain the damages that
may be sustained by each and every person through whose
lands the said road may pass, in case the application shall be
for opening, straightening, widening, amending or altering a
load, by opening, straightening, widening, amending or altering
the same, taking into consideration the peculiar advantages or
disadvantages of the same if any ; and the said commissioners
shall make such ascertainment of damages a part of their return
to the court.

Damages.

SEC. 7. And be it enacted, That if any person or persons
shall conceive him, her or themselves aggrieved by such as-
certainment of damages so as aforesaid to be made, it shall and
may be lawful for such person or persons to file in writing
their objections thereto, at any time before the said return
shall be finally ratified by the court, -and in all such cases of
objection it shall be the duty of the said court to issue their
warrant to the sheriff of Baltimore county, commanding him to
summon seven discreet and sensible men, free-holders of the
said county, not interested or related to the parties, to meet on
a certain day to be named in said warrant, on the premises,
who upon their oaths or affirmations, to be administered by such
sheriff or his duly qualified deputy, shall assess such damages
as the land-holder or land -holders so objecting to the return of
the commissioners, in their opinion and judgment, taking into
consideration the peculiar advantages and disadvantages attend-

Objection
to damages
allowed.