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ROBERT BOWIE, ESQUIRE, GOVERNOR.
1. BE IT ENACTED, by the General Assembly
of Maryland, That
Robinson Eastburn, Lewis Bierley and John Toup, be and they
are hereby appointed commissioners, and they or a majority of
them are hereby authorised, as commissioners, to lay out and open,
at the expense of said county, a road not exceeding twenty-five
feet in width, from near the mouth of John Toup's lane to Bierley's
mill, thence to intersect the main road leading from Hager's-town
to Frederick, in the most convenient place, between Poffenberger's
smithshop, and where James Neale now lives, so as to do
as little injury as possible to the lands through which it may pass;
Provided, that the said road shall not pass through any houses,
gardens, orchards or meadows, without the consent of the owners
thereof, and that the said road, when so laid out and completed,
shall be recorded among the land records of said county, and be
thereafter deemed and taken to be a public road, and shall be kept
in repair as other roads in said county are directed to be. |
1811.
CHAP. 10.
Commissioners appointed
to open
road.
Proviso. |
2. AND BE IT ENACTED, 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 person or persons entitled to the same. |
To ascertain damages. |
3. AND BE IT ENACTED, That if any person or
persons through
whose lands the said road may pass, or his or their guardian
or trustee, conceive himself, herself, or theirselves aggrieved by
such valuation or assessment of damages by said commissioners, it
shall and may be lawful for any justice of the peace for said county,
on his or their application, to issue his warrant, under his hand
and seal, directed to the constable of the hundred, 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 that the said jurors, when so met, and having
each 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
it was held, shall pay all the legal costs and charges of said
inquisition; but if, on the contrary, they should award a larger
sum, then the costs of such inquisition shall be paid by the county. |
Persons conceiving
themselves aggrieved
by such
valuation, may
have jury summoned. |
4. AND BE IT ENACTED, That the said commissioners
before
they shall proceed to act, shall take an oath before some justice of
the peace, of the same tenor and effect as is heretofore directed to
be taken by the jurors. |
Commissioners to
take an oath. |
5. AND BE IT ENACTED, That no person or persons
through
whose land the said road shall pass, and who have agreed or signed
the petition for the same, shall be entitled to any damages by
this act. |
Persons having
signed petition
shall not be entitled
to damages. |
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