| NOV. 1812.
CHAP. 5. |
LAWS OF MARYLAND.
their judgment the convenience of the public will be thereby more
effectually promoted, upon the terms, and subject to the provisions
of the act passed at November session eighteen hundred and nine,
to which this is a supplement. |
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Passed Nov. 14. |
CHAP. VI.
An Act to lay out and open a Road in Cecil County. Lib.
TH. No.
3, fol. 350. |
Commissioners appointed
to survey
and lay out road.
Proviso. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
Ephraim Mitchell, Levi Tyson and Frisby Henderson, or a majority
of them, are hereby appointed commissioners to survey and
lay off a public road, beginning at a point to be designated by the
commissioners, not more than three quarters of a mile, in an easterly
direction, from Archibald Dysart's tavern, in Cecil county,
on the road leading to New-Ark, and running thence through the
lands of Stephen Hay's heirs, and the lands of Thomas Garrett,
and by said Garrett's fulling mill, till it intersect the road located
by the people of Pennsylvania, into a road leading to the said mill;
Provided, that the same shall not be laid out to run over the orchard,
garden, yard or meadow, of any person, without the consent
of the owners thereof, |
Overseer to be appointed
—levy authorised. |
2. AND BE IT ENACTED, That the levy court
of said county be,
and are hereby empowered, at the next court thereafter, to appoint
an overseer or overseers to open and clear said road according to
the designation made by the aforesaid commissioners, and to levy
such sum of money as in the discretion of said court shall be considered
reasonable, for the purpose of clearing and opening said
road as aforesaid; and the said road, when surveyed, laid out and
opened as aforesaid, shall be deemed a public road, and shall be
kept in repair as other public roads in said county are. |
Compensation of
commissioners and
overseers. |
3. AND BE IT ENACTED, That the said commissioners
shall be
entitled to receive, as a compensation, the sum of two dollars for
every day they shall attend for the discharge of the duties required
of them by this act; and the said overseer or overseers shall receive
the same compensation which the overseers of public roads
respectively receive; which compensation shall be respectively levied,
collected and paid, in the same manner that other county
charges are. |
Thos. Garrett not
to receive compensation
for damages. |
4. AND BE IT ENACTED, That the said Thomas
Garrett shall
not be entitled to ask or receive any compensation for any damage
sustained by opening of the said road. |
Damages to be ascertained.
Proviso. |
5. 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, except the said Thomas
Garrett, 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, except as aforesaid, 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, on application
of the party interested, or his, her or their guardian or trustee, to |
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