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LEVIN WINDER, ESQUIRE, GOVERNOR.
of a road from the Rising Sun, towards Lancaster, near
Levi Brown's, thence towards the canal at or near the Octarara
Locks, to the southward of Jonathan Reynolds's, and north of Stephen
Reynolds and James Jackson's mills, near the Stone Run, to
William Moore's mill, thence to the Bald Friar road at or near the
intersection of William Preston's lane, thence to the nearest rout by
Henry Physick's school house, to the aforesaid locks, in as straight
a direction as the nature of the ground will admit of and with the
smallest possible injury to the individuals over whose land the said
road may pass; Provided always, that the said road shall not be
made to pass through the buildings, gardens, orchards or meadows,
of any person, without the consent of the owners thereof. |
NOV. 1812.
CHAP. 47.
Proviso. |
2. AND BE IT ENACTED, That it shall be the
duty of the commissioners
aforesaid, on or before the first day of April next, to
cause a plot and certificate of said road to be made out, and return
the same to the levy court of Cecil county at their first sitting thereafter;
and if the levy court of said county, upon consideration of
all circumstances, shall be of opinion that the said road will be of
advantage, then and in such case the clerk of said county shall record
the said plot and certificate, whereupon it shall and may be
lawful for the levy court of said county, to levy upon the assessable
property of said county, a sum of money such as they may deem
necessary, and to appoint an overseer to open and clear said road
agreeably to the plot and certificate aforesaid; and the said road,
when so opened and cleared as aforesaid, shall be, and the same is
hereby declared to be, for ever thereafter, a public road, and shall
be kept in repair as other public roads in said county are. |
Plot to be returned
to levy court—
expense to be levied. |
3. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, shall value and ascertain the damages that may be
sustained by each and every of the persons through whose lands the
said road may pass by opening the same, taking into estimation
the advantages and disadvantages, (if any,) and the damages so
ascertained shall be levied and assessed as other county charges
are, and shall be paid over to the persons respectively through
whose land the said road may pass; Provided nevertheless, that no
money shall be levied or assessed for the purpose of discharging
the damages aforesaid, to the directions of this act. |
Damages to be ascertained. |
4. AND BE IT ENACTED, That the said commissioners
shall be
entitled to receive a compensation for their attendance and services
in discharge of the duties of this act, not exceeding two dollars per
day, to be ascertained by the levy court, which is hereby directed
to be levied, collected and paid, as other county charges are levied,
collected and paid; And provided also, that no person through whose
land the said road shall pass, and who is a petitioner for the same,
shall be entitled to any damages by this act. |
Compensation of
commissioners. |
5. AND BE IT ENACTED, That the said commissioners,
before
they proceed to act, shall take an oath before some justice of the
peace, that they will, without favour, partiality or prejudice, assess
the damages sustained by the person through whose land the said
road may pass, by reason of opening the same. |
Commissioners to
take an oath. |
VOL. II.
76
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