2046

MONTGOMERY COUNTY.

and the report of said examiners, setting forth that they have
given the notice required by law, or any words to that effect,
shall be prima facie evidence that the same was done.

Prohibitions
in locating.

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

Damages.

SEC. 5. And be it enacted, That the said examiners, or a
majority of them, shall value and assess the damages that may
be sustained by the owner or owners respectively, of the land
through which such road as opened, straightened or altered,
may pass, and that in assessing such damages they shall con-
sider as well the advantage and benefit, as the loss and injury

Specifica-
tions.

to be occasioned thereby to each person ; and the said exami-
ners shall, in their report, specify the several sums of money,
if any, by them estimated as the damages or compensation
proper to be allowed to each of the owners of such land, and
shall also specify the quantity of land belonging to them re-
spectively, to be occupied by such road.

Day for
final hear-
iug.

SEC. 6. And be it enacted, That after the return shall be
made as aforesaid, by the examiners, the levy court shall ap-
point a day for final hearing, being not less than thirty days
from and after that on which such return shall have been made,

Notice
required.

whereof three weeks public notice shall be given in at least
one newspaper, published in said county, if a newspaper be
published therein, and by advertisement set up at the court
house door of said county, warning all persons interested to
appear before the said court, to show cause why the return of
the examiners should not be ratified and confirmed.

General
powers to
the levy
court.

SEC. 7. And be it enacted, That upon hearing the parties,
and the testimony which may be adduced, the said levy court
may adjourn or postpone the case from time to time, or may
permit such amendments to be made in the plot and return as
to them may seem right and necessary, and shall have full
power and authority to reject or confirm the return of the
examiners, to decree the road to be opened, straightened,
altered or shut up, or not, as they may think just and right
between the parties, and consistent with the general good ;
and if they shall determine to confirm the return of the exam-
iners, they shall have power to enlarge the damages proposed
to be allowed to any person or persons as they may think
right, but shall not in any case reduce or diminish them
without the express assent, in writing, of the party.

Right of
appeal.

SEC. 8. And be it enacted, That if any owner or owners of
the land through which such road is proposed to be opened,
straightened, or altered, shall consider himself, herself, or