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LEVIN WINDER, ESQUIRE, GOVERNOR.
same proceedings shall and may be thereon had as is provided by
the first section of the act passed in seventeen hundred and eighty
five, chapter eighty. |
NOV. 1812.
CHAP. 145. |
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CHAP. CXLVI.
An Act to lay out and open a Road in Baltimore County. Lib.
TH.
No. 3, fol. 485. |
Passed Dec. 28. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
Thomas Meredith, Abraham Slade and David Gorsuch, be and
they are hereby appointed commissioners, and they, or a majority
of them, are hereby authorised and empowered to lay out and open
a road, commencing in the Old York Road at the place where the
road leading to Elisha and David Gorsuch's mills intersects the
said Old York Road, and from thence to the said Baltimore and
York turnpike road, near the widow Margaret Calder; 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 among the records of said county; and the
said road when opened and recorded as aforesaid, and the valuation
herein after directed to be made shall have been paid or secured
to be paid, shall for ever thereafter be deemed a public highway,
and kept in repair as public roads in said county are kept in
repair. |
Commissioners
appointed to lay
out and open a
road. |
2. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, shall lay out the said road from the calls before mentioned,
in the straightest and best direction that the nature of the
ground will admit of, and with as little inconvenience to the landholders
through whose land the said road may pass as possible. |
To be laid out
with as little inconvenience
to
landholders as possible. |
3. AND BE IT ENACTED, That the commissioners
aforesaid, or
a majority of them, shall ascertain and value, if required, what
damages may be sustained by any person or persons over whose
land the said road may pass, taking into consideration the advantages
and disadvantages, (if any;) and the valuation shall be made,
and the amount thereof paid as aforesaid, to the parties respectively
interested, before the said commissioners, or a majority of them,
shall proceed to open the said road; Provided always, that if any
person or persons 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, or a majority of them, it shall and may be lawful
for any justice of the peace of the county in which the land lies, 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
disinterested freeholders of the county, to appear on a day by the
said justice to be appointed, on the land of the person or persons
as aforesaid, or for whose benefit such application shall be made,
and the said freeholders, having first made oath before said justice
of the peace that they will, without favour, affection or partiality,
assess the damages sustained by the person or persons at whose request
or for whose benefit 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, of
which the said commissioners, or a majority of them, shall have had |
Damages to be ascertained.
Provisos. |
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