| 1801.
CHAP. 5.
Proviso. |
LAWS OF MARYLAND.
of the said commissioners, it shall and may be lawful for any
justice of the peace for Worcester county, on application by any
person interested, to issue his warrant, under hand and seal, directed
to any constable of the said county, commanding him to
summon five freeholders, disinterested as to the said road, to appear,
on a day by him to be appointed, on the land of the person
making application as aforesaid; and the said freeholders shall respectively
repair to some magistrate of the said county, and take
the following oath or affirmation, to wit: " I A. B. do swear or
" solemnly, sincerely and truly declare and affirm, that I will honestly
" and faithfully estimate and value the damage and injury
" sustained by C. D. by opening a road through the land of the
" said C. D. in pursuance of the directions of this act," and shall
return the damages assessed to the said justice of the peace,
and the damages so assessed and returned shall be conclusive; and
the party or parties in whose favour the valuation ascertained by
the said commissioners, or the damages assessed by the said
freeholders, shall be made, shall be entitled to receive the same from
the said commissioners, and the said commissioners shall pay, or
secure to be paid, the amount of the said valuation or damages to
the respective parties entitled to receive the same, out of the monies
to be raised and collected from the subscriptions to the said
road, within the space of six months after the ascertainment of such
valuation or damages, and before they shall proceed to affect the
lands and tenements of the person or persons concerned; Provided,
that the said road shall not go through any houses, gardens, meadows
or orchards, unless with the consent of the owner thereof. |
|
_____
|
Passed Dec. 31. |
CHAP. VI.
An Act for changing part of the Divisional Road between Somerset
and Worcester Counties. Lib. JG. No. 4, fol. 5. |
| Preamble. |
WHEREAS it is represented to this general assembly,
by the petition
of Benjamin Hitch, of Somerset county, that he is possessed
of a tract of land lying and being in Somerset and Worcester counties,
through which the divisional road of Somerset and Worcester counties
now runs, to the great injury of the said Benjamin Hitch: And
whereas it appears that changing the said road will be beneficial
to the said Benjamin Hitch, and promote the convenience of the
public; therefore, |
Commissioners appointed
to lay out
road. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
Ebenezer Handy, James Bennett, William Pollitt, of Thomas, David
Cathell and Thomas Fookes, be and they are hereby appointed
commissioners, or any three or more of them are hereby authorised
to change, lay out and open, at the expense of the said Benjamin
Hitch, in the most convenient manner, a public road, leading
through the lands of the said Benjamin Hitch, in the direction the
divisional road of the said counties now runs, from Salisbury to
Steven's Ferry, so far as the said Hitch's land extend, if necessary;
and the said road, when so laid out and completed at the expense
of the said Benjamin Hitch, shall be recorded in the records
of Somerset and Worcester county courts, and shall be deemed and
taken for ever thereafter as the divisional line of said counties, and
as a public road, and shall be kept in repair as other public roads
are kept up in said counties. |
|
 |
