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William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 127   View pdf image (33K)
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            JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR.

    4.  AND BE IT ENACTED, That the said commissioners shall not
lay out or open a road through the buildings, gardens, or orchards,
of any person, without his or her consent.

    1801.

CHAP. 20.
Road not to go
through buildings,
&c.

                                        _____
 
                                    CHAP. XXI.
An Act authorising the Levy Court of Washington County to lay
    out a Road from Elizabeth-Town, in Washington County, by Barnett's
    Fording to the Pennsylvania Line.  
Lib. JG. No. 4, fol.
    21
Passed Dec. 31.
    1.  BE IT ENACTED, by the General Assembly of Maryland, That
George Nigh, William Hyser and Josiah Price, be and they are
hereby appointed commissioners to lay out and survey a road from
Elizabeth-town, in Washington county, by Barnett's fording to
the Pennsylvania line, not exceeding forty feet in width, in as
straight a line as the nature of the ground and the restrictions herein
after mentioned will admit of, and without delay execute, sign
and seal, plain plots of the same, with explicit explanations thereof,
and make return of such plots and explanations to the levy court
of the said county, who on receiving such plots and explanations
shall examine the same, together with all the evidence that shall or
may be offered for or against the road so returned, and upon consideration
of all circumstances, may reject or confirm the said report,
and may direct the said commissioners to alter and amend the
said plots, confining the said road to the points above mentioned,
and when so amended, are hereby ordered to confirm the same, and
when so confirmed, shall cause the same to be recorded among the
land records of the said county, in testimony of the same being established
by law as a public road, and shall direct the said commissioners
to mark and bound the said road as confirmed by the said
court, and direct a supervisor or supervisors to clear and improve
the same in the same manner and on the same terms as other public
roads in the said county are by law directed to be cleared and improved,
and upon completing the same, the said road shall be deemed
a public road, and shall be kept in repair as other public roads
in the aforesaid county are by law directed to be kept.
Commissioners appointed
to lay out
road.
    2.  AND BE IT ENACTED, That upon the said levy court confirming
the said road, they shall be and are hereby authorised and empowered,
to agree and contract with the person or persons on
whose lands the said road may be laid out, for the amount of damages
thereby ascertained, not exceeding the rate of ten pounds per
acre, but if such agreement should not take place, then the said
court shall issue their warrant, directed to the sheriff of the said
county, commanding him to summon and return a jury of twelve
good and lawful men of the said county, not interested or related to
the party or parties concerned, to be and appear before some one of
the justices of the said county, on the premises, at a certain day
in the said warrant to be expressed, which jury, on their oaths, or
affirmation, as the case may be, to be administered by the said justice,
shall inquire who are the owner or owners of the said land
over which the said road so laid out and ratified shall pass, and what
damages such owner or owners will actually suffer from the passage
of the said road over the said land, the said jury taking into
consideration all conveniencies and inconveniencies, advantages and
disadvantages, if any, arising from the opening and improving

                    VOL. 1.                    9

 

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William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 127   View pdf image (33K)   << PREVIOUS  NEXT >>


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