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LEVIN WINDER, ESQUIRE, GOVERNOR.
aforesaid old road, on as straight a direction as the ground will
admit; and the said commissioners, or a majority of them, shall
have full power to straighten and amend the said road at any place
in the above described distance as they, or a majority of them, shall
think necessary, and return a plot of the same to the levy court
of Washington county, designating the amendments by them made;
and the said commissioners, or a majority of them, shall have full
power and authority to make contracts with the owner or owners of
the land over which the said road shall pass, for any damage which
the owner or owners of such land may sustain, and if the commissioners
cannot agree with said owner or owners of such land for the damages
sustained by reason of such amendment, then the said commissioners,
or a majority of them, shall proceed to value and estimate the
said land and damages which such owner shall sustain on
account of said amendments so made, and shall report the same to
the levy court of Washington county, and said levy court at their
next levy thereafter shall levy the same on the assessable property
of said county; but if any owner of the land so occupied, shall appear
before the levy court before the levy is land, and object to the
valuation and estimate of the commissioners, and request a jury to
value such land, and judge such damages as he or she may sustain
on account of said amendment, the court shall direct the sheriff of
Washington county to summon twelve freeholders of said county,
not related to the owner or owners of the land on which the
amendment is made; and the sheriff shall fix a day when the said
jury is to attend on the land and value the same, and adjudge the
damages if any, first taking an oath to ascertain the value of
the land so occupied by the road as amended, and to assess the
damages sustained by the person requiring such jury, in consequence
of said amendment, justly and fairly, without favour or
affection to any person, and to the best of their knowledge, which
oath shall be administered by the sheriff; and the verdict given by
the said jury shall be signed by the jurors respectively, and delivered
to the said sheriff, and by him returned to the levy court, and
the levy court shall levy the sum so adjudged on the assessable
property of the said county, but if such valuation by the jury
should be less than that by the commissioners before made, the
owner or owners of the land, so requiring a jury, shall pay all the
costs of such jury. |
DEC. 1813.
CHAP. 139. |
2. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, in estimating the value of the lands occupied by
any such amendment of the said road, or in estimating the damages
occasioned by such amendment to any person, shall take into
consideration all advantages and disadvantages by reason of opening
said road. |
In estimating damages,
advantages
and disadvantages
to be taken into
consideration. |
3. AND BE IT ENACTED, That when the said commissioners,
or
a majority of them, shall have returned a plot of the said road as
by them amended to the levy court of Washington county, the said
court shall cause the same to be recorded as other public roads in
the said county are recorded, and the same shall thereupon be a
public road, and shall be kept in repair in the same manner that
other public roads in the said county are kept in repair; and the
levy court of said county shall appoint a supervisor or supervisors
to clear and open the said road, as amended by the commissioners, |
Plot of road to be
returned to levy
court, &c. |
