| 1810.
CHAP. 38. |
LAWS OF MARYLAND.
the petitioner, or in such manner as they, or a majority of them,
may think proper, so as to remove the said road off the aforesaid
lot of land, and to cause the said road, and the alterations thereof,
to be surveyed, and a plot of such alteration, with a certificate of
the courses thereof, to be returned to the levy court of said county;
and the said road, so altered and made sufficiently passable for
wagons, carts and carriages, shall for ever thereafter be deemed
and taken as a part of the public road aforesaid, and kept in repair
as other public roads in said county are. |
Expenses to be
paid by Thomas
Saulsbury. |
3. AND BE IT ENACTED, That all the expenses
incurred in the
laying out and opening the said road, as prayed for, shall be
paid by the said Thomas Saulsbury. |
|
_____
|
Passed Dec. 23. |
CHAP. XXXIX.
A Supplement to an Act (a), entitled, An act to open a Road
in Frederick
County. Lib. TH. No. 2, fol. 467.
(a) 1808, ch. 16. See 1818, ch. 131. |
| Preamble. |
WHEREAS Levin Hays, John Getzindanner, Godfrey Leatherman,
Lewis Rowsawn, Jacob Staley, George Marker and Philip
Bear, commissioners, appointed by the original acts to which this
is a supplement, to lay out and open a road therein mentioned, at
the expense of Frederick county, and doubts are entertained in
what manner the damages should be valued or ascertained and paid
to those whose lands the said road shall pass through; therefore, |
Commissioners to
ascertain damages
that may be sustained. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
the commissioners aforesaid, or a majority of them, shall value
and ascertain the damages that may be sustained by any person or
persons through whose lands the said road may pass, by opening
of the same, and the damages so ascertained, or in the event of
their being ascertained by a jury, shall be levied and assessed as
other county charges are, and shall be paid over to the said person
or persons entitled to the same. |
Persons conceiving
themselves aggrieved
by such
ascertainment,
may have jury
summoned. |
3. AND BE IT ENACTED, That if any person or
persons through
whose lands the said road shall pass, or his, her or their guardian
or trustee, conceive himself, herself or themselves, aggrieved by
such valuation or assessment of damages by the said commissioners,
it shall and may be lawful for any justice of the peace of said
county, on his, her or their application, to issue his warrant, under
his hand and seal, directed to the sheriff of the county, commanding
him to summon twelve disinterested men, qualified by
law to serve as jurors in the county court, to meet upon the premises
upon a certain day, of which ten days notice shall be given
to the party or parties interested; and the said jurors, when so
met, and having first taken an oath before some justice of the
peace, that he will, without favour or affection, prejudice or partiality,
assess the damages sustained by the person or persons at
whose request such inquisition shall be taken, by reason of opening
the aforesaid road through his, her or their lands, shall thereupon
proceed to assess and value the damages accordingly, taking
into consideration the advantages and disadvantages, if any, and
such inquisition or valuation shall be final and conclusive; but
should the jury award a smaller sum for damages than the commissioners
had previously done, then in that case the person or
persons at whose instance the inquisition was held, shall pay all |
|
 |
