| 1801.
CHAP. 26.
Passed Dec. 31. |
LAWS OF MARYLAND.
CHAP. XXVI.
An Act to extend the powers of the Levy Court of Allegany County
relative to Roads in said County.
Lib. JG. No. 4, fol. 30.
Supplementary and other acts, 1804,
ch. 81. 1805, ch. 89. 1807, ch. 69
1808, ch. 6. 1816, ch. 85. |
| Preamble. |
WHEREAS it is represented to this general assembly,
that he
vesting the justices of the levy court of Allegany county with
power and authority to lay out and establish any new road they
may think necessary, would tend to the good of the public, and
ase and convenience of the inhabitants of the county aforesaid;
therefore, |
Justices, on application,
to appoint
persons to view
and survey roads.
Proviso. |
. 2. BE IT ENACTED, by the General
Assembly of Maryland, That
the justices of the levy court of Allegany county be and they are
hereby authorised and empowered, at the time of laying the county
levy, or a majority of them, on application in writing, signed
by a majority of the inhabitants of any neighbourhood through
which any road so prayed for may pass, shall have power and authority
to appoint three discreet freeholders in the said county,
commissioners, who shall not hold any part of the lands through
which the said road may pass, nor be related to the person or persons
holding the land that may be affected by the running of the
said road, to view, survey and plot, the said road so applied for,
and make a return thereof to the said court, who on receiving such
plot shall examine the same, and all the evidence that shall or may
be offered for or against the said road as returned, and may reject
or confirm the same as a public road, or may direct the said commissioners
to alter or amend the said plot, and when so amended,
may reject or confirm the same, and when confirmed, shall accordingly
direct the commissioners to mark and bound the said road,
not exceeding thirty feet in width, and may appoint and direct a
supervisor or supervisors to clear and improve the same at the expense
of the petitioners, or otherwise, at the discretion of the court
aforesaid, and upon completing the same, the said road shall be
deemed a public road, and shall be kept in repair as all other public
roads in said county are kept in repair; Provided also, that notice
be set up in writing, by advertisements, at least eight weeks,
in the most public places in the county and neighbourhood, by
some one inhabitant or inhabitants thereof, previous to their offering
a petition or petitions, declaring their intention to apply to the
justices of the levy court for the purpose aforesaid. |
When surveyed,
justices to agree
for damages. |
3. AND BE IT ENACTED, That whenever any road
shall be surveyed,
plotted and confirmed, as aforesaid, the justices aforesaid,
or a majority of them, shall be and they are hereby empowered
and authorised to agree with the person or persons over whose
land such road pass for the amount of the damages thereby sustained,
but if such agreement doth not take place, then the said
justices shall issue their warrant, directed to the sheriff of the
county, commanding him to summon five good and lawful men of
the said county, not interested or related to the party or parties, to
be and appear before some justice of the peace for the county
aforesaid, on the premises, at a certain day in the said warrant to
be expressed, which five persons, on their oath, or affirmation if a
quaker, menonist or tunker, to be administered by some justice of
the peace for the county aforesaid, shall inquire who is or are the |
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