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LEVIN WINDER, ESQUIRE, GOVERNOR.
they are hereby appointed commissioners, and they, or a majority
of them, are hereby authorised and empowered to lay out and open
a road, not exceeding forty feet in width, from the ferry on the
Potomac, below the mouth of Antietam, commonly known by the
name of McShan's or Taylor's ferry, from thence to Macpherson's
and Brien's iron works, and from thence to Crampton's Gap, on
the South Mountain, on the straightest and best direction the nature
of the ground will admit of, and with as little inconvenience
to the land holders as possible; and the said road, when so laid out,
and a plot thereof made out and returned to the clerk of Washington
county court, to be recorded among the records of said county,
shall for ever thereafter be deemed a public highway, and kept in
repair as other public roads are in said county. |
NOV. 1812.
CHAP. 74. |
2. 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 lands the said
road shall pass, taking into consideration the advantages and disadvantages,
(if any,) and the same when so assessed shall be paid
by the parties who are interested in opening of said road, or by
any person who may contribute thereto. |
Damages to be ascertained. |
3. AND BE IT ENACTED, That if any person or
persons, or his,
her or their guardian, through whose land the said road shall pass,
shall conceive himself, herself or themselves, aggrieved by such
valuation of damages made as aforesaid, it shall and may be lawful
for any justice of the peace of said county, upon application,
to issue his warrant under his hand and seal, to any constable of
said county, commanding him to summon twelve disinterested men,
qualified by law to serve as jurors in the county court, to meet on
the premises on a certain day, of which six days notice at least
shall be given to the interested parties; and the said jurors, when
so met, and having each first taken an oath before some justice of
said county, 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, and shall
thereupon proceed to assess and value the damages accordingly,
taking into consideration the advantages and disadvantages, (if
any,) and such inquisition shall be conclusive and final, and the
damages, (if any,) shall be paid over as aforesaid; Provided, nothing
herein contained shall in any manner authorise the said commissioners
to lay out or open the said road, through the buildings,
gardens, orchards or meadows, of any person or persons, without
his, her or their consent. |
Persons aggrieved
by such valuation,
may have jury
summoned. |
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CHAP. LXXV.
An Act to lay out and open a Road therein mentioned in Cecil County.
Lib. TH. No. 3, fol. 406. |
Passed Dec. 16. |
WHEREAS sundry respectable inhabitants of West Nottingham
Hundred, Cecil county, by their petition to this general assembly,
pray that a road may be opened and made from or near George
Mercer's meadow, wherein a public road is already laid out, to
Rock Run, to pass by James Rowland's mill, until it intersects a
road from George Kidd's store, towards Creswell's ferry; and the
prayer of said petitioners appearing reasonable, therefore, |
Preamble. |
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