1811.
CHAP. 165. |
LAWS OF MARYLAND.
make, or cause to be made, a plot of said road when opened as aforesaid,
and shall make a return of the said plot, together with a certificate
of the courses of the said road, to the clerk of Queen-Anne's
county, to be recorded among the records of said county; and when
the same shall have been laid out, cleared and opened, as directed by
this act, the said road shall for ever thereafter be deemed free for
ingress, egress and regress, to the said farm of the petitioner, from
the said public road leading from the Beaver Dam road, to Sudler's
Cross Roads. |
Vacancies, how to
be supplied. |
3. AND BE IT ENACTED, That if any of the commissioners
named
in this act shall die, resign or refuse to act, the remaining commissioners,
or a majority of them, shall, and they are hereby authorised
to supply such vacancy by the appointment of another person. |
Commissioners
shall ascertain damages. |
4. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, shall ascertain and value what damages may be sustained
by any person or persons through whose land the said road
shall pass, taking into consideration the advantages and disadvantages,
if any, and the same, when so assessed, shall be paid or
secured to be paid by the said Moses Ruth, to the person or persons
entitled to receive the same, before he shall proceed to open the
same. |
Persons aggrieved
may have jury
summoned to ascertain
damages.
Proviso. |
5. 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 representative, shall conceive himself or herself aggrieved by such
valuation and assessment of damages by said commissioners, it
shall and may be lawful for any justice of the peace, on his or her
application, to issue his warrant directed to the constable of the
hundred, commanding him to summon twelve disinterested men,
qualified to serve as jurors in the county court, to meet upon the
premises on a certain day, of which six days notice at least shall
be given to the parties interested; and the said jurors, when so met,
and having each taken an oath before some justice of the peace,
that he will, without favour, 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 said
road through his, her or their land, shall thereupon proceed to
assess and value the damages accordingly; and such inquisition
and valuation shall be final and conclusive between the parties respectively;
Provided, that the said road shall not be opened through
the buildings, gardens, yard or orchard, of any person, without
his or her consent. |
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Passed Jan. 4, 1812. |
CHAP. CLXVI.
An Act to authorise the Levy Court of Washington County to appoint
Commissioners to alter, straighten, open and amend,
a Road therein
mentioned. Lib. TH. No. 3, fol. 218. |
Commissioners to
be appointed to lay
out road. Its width
Expenses to be levied
on county.
Supervisors. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
the levy court of Washington county are hereby authorised and
empowered to appoint three commissioners, to straighten, open and
amend, the road leading from Boonsborough to Funk's-town, if in
their opinion the same be necessary and conducive to the public
convenience of the inhabitants of said county; which commissioners,
when so appointed, or a majority of them, shall be empowered |
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