ROADS,
roads, landings and lumber-yards, shall be kept in repair as

2307

other public roads are, for the free use of the county ; Pro-
vided nevertheless, that there may be an appeal from the de-
cision of the levy court to the next county court, and the deci-
sion of the county court shall be conclusive ; and in case the
county court shall confirm the decision of the court below, the
cost to be paid by the person appealing, otherwise by the
county ; Provided, no road, landing or lumber-yard, shall be
laid off under this law, through the yard, garden, building or
orchard of any person or persons, without his, her or their
consent.

Proviso.

SEC. 19. And be it enacted. That the 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, by opening of the same,
taking into consideration the advantages and disadvantages of
the same ; the damages so ascertained shall be levied and col-
lected as other county charges are, and shall be paid over to
the persons respectively through whose lands the said road

Damages.

may pass ; Provided, that no road shall be opened until the
said damages shall be paid.

Proviso.

SEC. 20. And be it enacted, That the said commissioners,
before they proceed to act, shall take an oath before a justice of
the peace, that they will, without favour, partiality or preju-
dice, assess the damages sustained by the persons through
whose lands the said road, landing or lumber-yard shall pass
or be opened by reason of opening the same.

Commis-
sioners to
take an
oath.

SEC. 21. And be it enacted, That the said commissioners
shall be entitled to receive a compensation for their services
and attendance, not exceeding two dollars per day ; and all
officers of the county court shall be entitled to the same fees
for all business done in virtue of this law, as are now or shall
be hereafter received for like services, to be ascertained by the
levy court of said county; which, together with all charges
arising from the survey or attendance of witnesses, shall be
levied, collected and paid, as other county charges are.

Compensa-
tion; costs.

SEC. 22. And be it enacted, That the levy court of Worces-
ter county, shall have all the power and authority of granting
private roads that bylaw is now vested in the county courts ;

Private
roads.

Provided, the notice is given as required for public roads, and
that there may be an appeal from the decision of the levy court
to the county court ; and when a plot of any road or roads, so
laid out, shall be returned to, and confirmed by the levy court
aforesaid, the same shall be transmitted to the countj court of
said county, and there recorded among the land records of said
county.

Proviso.

SEC. 23. And be it enacted, That it shall and may be lawful ;
for the justices of the levy court of Worcester county, on a day

Roads mar
be sold.