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EDWARD LLOYD, ESQUIRE, GOVERNOR.
2. BE IT ENACTED, by the General Assembly
of Maryland, That
William Hoffman, junior, Henry Wareham and George Faire, be
and they are hereby appointed commissioners, and they, or a majority
of them, are hereby authorised and empowered to survey and
lay out, at the expense of the petitioners, a road not exceeding
thirty feet in width, in the best and straightest direction the nature
of the ground will admit of, from the Pennsylvania line, nearly
against Hedrick's tavern, to Simmermon's, thence to John Keeth's,
thence to intersect the road laid out from the end of the Falls turnpike
road, at or near Fronk's mill, and the said commissioners
shall make a plot of the road so as aforesaid directed to be laid out
and opened, and return the same to the clerk of Baltimore county
court, to be recorded among the land records of said county; and
the said road, when so laid out and opened at the expense of the petitioners,
and the valuation herein after directed shall be paid, or
secured to be paid, to the individuals concerned, shall be thereafter
deemed to be a public road for ever, and shall be kept in repair in
the same manner as other public roads are directed to be kept in
said county. |
1810.
CHAP. 105.
Commissioners appointed
to lay out
a road. |
3. AND BE IT ENACTED, That the commissioners,
or a majority
of them, shall ascertain and value, if required, what damages may
be sustained by any person or persons over whose lands the said
road may pass, by opening the same, taking into consideration the
advantages and disadvantages, if any, and the valuation shall be
made before the said commissioners shall proceed to open the said
road; Provided always, that if any person or persons through whose
land the said road may pass, or his, her or their guardian or trustee,
shall conceive themselves aggrieved by such valuation and assessment
of damages by the said commissioners, it shall and may be
lawful for any justice of the peace of said county, upon application
of the party interested, or his, her or their guardian or trustee, to
issue his warrant, under his hand and seal, directed to any constable
of the county, commanding him to summon twelve freeholders,
uninterested in the opening of the said road, to appear on a day by
the said justice to be appointed, on the land of the person or persons
making application as aforesaid, or for whose benefit such application
shall be made, and the said freeholders, having first made
oath, before some justice of the peace, that they will, without favour,
affection 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
land, shall thereupon proceed to assess and value the damages accordingly,
taking into consideration the advantages and disadvantages,
if any, of which the said commissioners, or a majority, shall
have at least five days notice, and shall return the damages so assessed
to the said justice of the peace, and such inquisition and valuation
shall be final and conclusive; Provided, that the said road
shall not pass through any house, yard, garden, orchard or meadow,
without the consent of the owner or owners thereof. |
Damages to be ascertained.
Provisos. |
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CHAP. CVI.
An Act relating to Constables Fees of Talbot County. Lib.
TH. No.
2, fol. 577. |
Passed Dec. 24. |
WHEREAS it is represented to this general assembly,
by
the constables of Talbot county, that they have been uniformly in |
Preamble. |
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