1910

DORCHESTER COUNTY.

ings under their hands, to the levy court from which the com-
mission issued, and of the reasons on which their opinion is
founded, and if the said commissioners shall be of opinion that
the said road ought not to be opened, or straightened, or shut
up, they shall report their opinion to the levy court aforesaid,
together with the reasons on which the same is founded.

Oath.

Sec. 2. And be it enacted, That the said commissioners be-
fore they proceed to act as such, shall take an oath or affirma-
tion, as the case may be, to execute the trust reposed in them
by the commission to them issued, faithfully and without
favour, affection or partiality.

Notice.

Restric-
tion*.

SEC. 3. And be it enacted, That the commissioners, or a
majority of them before they proceed to locate any road pro-
posed to be opened, straightened or shut up, shall give at least
fifteen days notice to all the parties concerned, and the return
of the commissioners setting forth that they have taken the
oath and given the notice required by this 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 or straightened in virtue of this act to pass
through the buildings, yards, gardens or orchards, of any per-
son or persons, without the consent of the owner or owners
thereof

Levy court
to deter-
mine.

SJEC. 5 And be it enacted, That if no objection be made
to the return of the commissioners, the levy court may pro-
ceed to pass judgment thereon, and affirm or reject the same,
or order it to be amended, in the discretion of the levy court.

Appeals.

SEC. 6. And be it enacted, That if any person or persons
shall conceive him, her or themselves aggrieved by the deci-
sion of the commissioners, or a majority of them, it shall and
may be lawful for such person or persons to file in writing
their objections to the return of the commissioners, at any time
before the same shall be finally ratified by the said court, and
the court shall thereupon proceed to hear testimony, if any
shall be offered, and affirm or reject the said return, or order it
to be amended, as to the court shall seem right.

Damages.

SEC. 7. 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 or straightening a road, by opening or straighten-
ing the same, taking into consideration the advantages and dis-
advantages of the same, if any ; and the said commissioners
shall make such ascertainment of damages a part of their re-
turn to the levy court, and the same with the rest of their
proceedings shall be subject to the ratification, rejection or