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EDWARD LLOYD, ESQUIRE GOVERNOR.
CHAP. CLXV.
An Act to lay out and make public a Road in Baltimore County.
Lib.
TH. No. 2, fol. 383. |
NOV. 1809.
CHAP. 165.
Passed Jan. 7, 1810. |
WHEREAS it is represented to this general assembly,
by the petition
of sundry inhabitants of Baltimore county, that they labour
under great inconvenience for want of a public road from Caleb
Stansbury's mill to Christopher Woolry's tavern, on the turnpike
road leading from the city of Baltimore to Westminster, in Frederick
county; therefore, |
Preamble. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
Thomas Cockey, of Thomas, Richard Gorsuch and Nicholas Brown,
or a majority of them, be commissioners, and are hereby directed and
authorised to lay out, straighten and widen, not exceeding thirty
feet, the old road formerly opened and used, beginning at Caleb
Stansbury's mill aforesaid, and continuing with the track of the
aforesaid old road, as nearly as they, in their judgment, shall think
practicable, to intersect the aforesaid turnpike road at or near
Christopher Woolry's tavern aforesaid; provided, the said road
shall not pass through any garden, meadow or orchard, without the
consent of the proprietor or proprietors thereof. |
Commissioners appointed
to lay out
and widen a road. |
3. AND BE IT ENACTED, That the commissioners,
or a majority
of them, be and they are hereby authorised and directed, to ascertain
and value what damages may be sustained by any person or
persons through whose lands the said road may pass, by laying
out, straightening and widening the same, and the said valuation
shall be made and paid, or secured to paid, before the commissioners
shall proceed to open the same; and in case any proprietor
or proprietors shall conceive him, her or themselves aggrieved by
the valuation of the said commissioners, it shall and may be lawful
for any justice of the peace for Baltimore county, on the application
of any person interested, to issue his warrant, under his hand
and seal, to the constable of the hundred where such lands may be,
commanding him to summon twelve freeholders, not interested in
the said lands, to appear on a day by him appointed on the said
lands, at which time and place such freeholders, so summoned, shall
respectively appear before the said justice, and take the following
oath, to wit: " I, _____ _____ do swear, that I will honestly,
without
" prejudice or partiality, value the damages and injury that may be
" sustained by opening a road through the lands of _____, in pursuance
" of this act of assembly;" and shall return an inquisition of
such damages, so assessed, to the clerk of Baltimore county court,
and the damages so assessed shall be conclusive. |
Damages to be ascertained. |
4. AND BE IT ENACTED, That the persons who
may conceive
themselves interested or benefitted by the aforesaid road, are hereby
required to pay, or cause to be paid, into the hands of the commissioners
aforesaid, or some one of them, for the use of the person
or persons in whose favour such valuation may be made, previous
to laying out and opening the road aforesaid; and in case of failure
of payment, or security as aforesaid, this act to be null and void,
but in case of compliance with the provisions of this act, the said
road be considered a public highway, and be kept up in the
same manner as other public roads in said county. |
Persons benefitted
by road to pay damages
ascertained. |
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