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LEVIN WINDER, ESQUIRE, GOVERNOR.
property of said county a sum of money, such as they may deem
necessary, and to appoint a supervisor, to open and clear the said
road agreeable to the plot and certificate aforesaid; and the said
road, when opened and cleared as aforesaid, shall be, and the same
is hereby declared to be, for ever thereafter, a public road, and
shall be kept in repair as other public roads in said county are. |
1814.
CHAP. 36. |
3. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, shall value and ascertain the damages that may be
sustained by each and every of the persons through whose land the
said road may pass, taking into consideration the advantages and
disadvantages, if any, and the damages so ascertained shall be
levied and assessed as other county charges are, and shall be paid
over to the persons respectively, through whose land the said road
may pass; Provided, that no person shall be entitled to receive
damage
on account of the road passing through his lands who was a
petitioner for the same. |
Damages to be ascertained. |
4. AND BE IT ENACTED, That the commissioners
before they
proceed to act, shall take an oath before some justice of the peace,
that they will without favour or affection, partiality or prejudice,
value and assess the damages sustained by any person or persons
through whose land the said road shall pass, agreeably to the provisions
of this act; and if any of the commissioners herein named
shall die, resign or refuse to act, the remaining commissioners, or
a majority of them, shall be and they are hereby authorised to supply
such vacancy by appointing another person or persons. |
Commissioners to
take an oath. |
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CHAP. XXXVII.
An Act to reinstate in the County Court of Allegany County the Proceedings
of a
Case therein mentioned. Lib. TH. No. 4, fol. 266. |
Passed Jan. 13, 1815. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
Allegany county court be and they are hereby directed and empowered
to reinstate the proceedings on an appeal from a decision
of the levy court of the said county, granting a private road to
David Shriver, through the land of David Lynn, and to reconsider
and revise the same, it being represented that the subject in controversy
was not fully brought before said county court. |
Proceedings to be
reinstated. |
2. AND BE IT ENACTED, That the court aforesaid
be and they
are hereby authorised and empowered, to admit and receive all
such testimony as would have been legal and admissible upon the
consideration and trial of the said case before the levy court of said
county, any law to the contrary notwithstanding. |
Testimony may be
admitted. |
3. PROVIDED ALWAYS, AND BE IT ENACTED, That
the present
road as laid out by the levy court, shall be free for the use of the
said David Shriver until a final decision shall be made in the premises;
And provided also, that should the road be located in another
or different direction, the said David Lynn shall not be entitled to
any damages for either of said roads.
The proviso in the section repealed by 1817, ch. 173. |
Road declared free
for use of David
Shriver. |
4. AND BE IT ENACTED, That upon a revision
of the said case,
the county court shall allow to the said David Shriver such costs
as they may adjudge reasonable. |
County court may
allow costs. |
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