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LEVIN WINDER, ESQUIRE, GOVERNOR.
and Samuel Briscoe, be and are hereby appointed commissioners,
and they, or a majority of them, are hereby authorised and directed
to lay out and open a road, not exceeding fifty feet in width,
from the road between the city of Baltimore and Cromwell's
bridge, at its junction with the road from Daniel Chambers to
Baltimore, to the hill on the north side of the Great Falls of Gunpowder
near the mill formerly owned by William Goodwin and
Edward Ridgely, as nearly straight as the nature of the country
will admit; and said commissioners shall make a plot of the road
as aforesaid directed to be laid out, 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 so laid out and opened,
and the valuation hereinafter directed to be made shall be paid, or
secured to be paid, to the individuals concerned, shall for ever
thereafter be deemed and taken to be a public road, and shall be
kept in repair as other public roads in said county. |
DEC. 1813.
CHAP. 155. |
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 person or persons over whose lands the
same 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 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, 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, disinterested in the opening of the said road, to appear
on a day by the said justices 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 shall have at least five days notice, and shall return the
damages so assessed to the said 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 owner or owners thereof. |
Damages to be ascertained.
Provisos.
Proviso. |
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CHAP. CLVI.
An Act to open a Road from Richard Owing's Mill to Elk Ridge
Church in Queen Caroline Parish, in Anne-Arundel
County, and
to repeal the Acts of Assembly therein mentioned.
Lib. TH. No.
4, fol. 201. |
Passed Jan. 29, 1814. |
WHEREAS it has been represented to this general
assembly, by
the petitions of sundry persons through whose lands the road as |
Preamble. |
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