688

LAWS OF MARYLAND.— 1818.

By 1829, ch. 234, like power is Tested in the levy courts or commission-
ers, as the case may be, of Charles, Caroline, Washington and Calvert
counties.

Commis-
sioners to
take an
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.

Before they
proceed to
locate road
to give
notice, &c.

SEC. 3. And be it enacted, That the commissioners, or a ma-
jority of them, before they proceed to locate any road proposed
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.
1829, ch. 238, sec. 1, requires thirty days notice.

No road to
pass
through
buildings,
&o. without
consent of
owner.

If no objec-
tion shall
be made to
return of
commis-
sioners,
court may .
pass judg-
ment, &c.

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 person
or persons, without the consent of the owner or owners thereof.
SEC. 5. And be it enacted, That if no objection shall be
made to the return of the commissioners within the four first
days of the term next succeeding the term at which the said
return shall be made, the court may proceed to pass judgment
thereon, and affirm or reject the same, or order it to be amended,
in the discretion of the court, or may in their discretion continue
over the proceedings to the next term, and so from term to term,
so long as the court shall in their judgment think such conti-
nuance necessary for the purpose of justice.

Perrons ag-
grieved to
file their
objections.

Proviso.

SEC. 6. And be it enacted, That if any person or persons
shall conceive him or themselves aggrieved by the decision of
the commissioners, or of a majority of them, it shall and may
be lawful for such person or persons to file, in writing, their ob-
jections to the return of the commissioners, at any time before
the same shall be finally ratified by the 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, and may also con-
tinue the proceedings as is provided in the fifth section of this
law ; Provided always, that either party shall on motion to the
court, made before the hearing of testimony, be entitled to a
trial by jury, and the issue or issues shall be framed under the
direction of the court, so as to bring the matter in dispute be-
tween the parties fairly to trial, whether the same shall relate to
the location of the road or the ascertainment of damages by the
commissioners.