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LEVIN WINDER, ESQUIRE, GOVERNOR.
1. BE IT ENACTED, by the General Assembly
of Maryland, That
William Hutchings, Thomas Watts and Dickson Brown, be and
they are hereby appointed commissioners, and they, or a majority
of them, are hereby authorised and empowered to survey and lay
out, at the expense of the petitioners, or any person or persons who
may think proper to contribute thereto, a road forty feet in width,
in the best and straightest direction the nature of the ground will
admit of, beginning at Robert Wilson's tavern, on the old York
road, and from thence to intersect a road laid out from near
Richard Brittain's mill; and the said commissioners, or a majority
of them, shall make out a plot of said road, and return the same
to the clerk of Baltimore county court, to be recorded amongst the
records of said county; and the said road, when opened and recorded
as aforesaid, and the valuation hereinafter directed to be
made shall have taken place, and the damages paid, or secured to
be paid, to the person or persons entitled to receive the same, shall
for ever thereafter be deemed a public highway, and kept in repair
as other public roads in said county. |
NOV. 1812.
CHAP. 103.
Commissioners appointed
to survey
and lay out road. |
2. 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 persons 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, through
whose land the said road shall 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 issue his warrant, under his hand and seal, directed to
any constable of the county, commanding him to summon twelve
freeholders, not related to the person so applying for a jury, or in
any way interested in the opening of the said road, to appear on
a day by the said justice to be appointed on the land of the person
or persons making application as aforesaid, or for whose benefit
such application shall be made, and the said freeholders having
first made oath before some justice of the peace, that they will
without favour, affection or partiality, assess the damages sustained
by the person or persons at whose request such inquisition shall
be taken by reason of opening the aforesaid road through his, her
or their land, shall thereupon proceed to assess and value the damages
accordingly, taking into consideration the advantages and disadvantages,
(if any,) of which the said commissioners, or a majority
of them, shall have at least five days notice, and shall return
the damages so assessed to the justice of the peace, and such
inquisition and valuation shall be final and conclusive; Provided,
that the said road shall not pass through any house, yard, garden
or orchard, without the consent of the owners thereof. |
Damages, persons
aggrieved. |
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CHAP. CIV.
An Act for the relief of Nancy Rouse, of Caroline County.
Lib. TH.
No. 3, fol. 441. |
Passed Dec. 21. |
WHEREAS it is represented to this general assembly
by the petition
of Nancy Rouse, of Caroline county, that she is now old and |
Preamble. |
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