1801.
CHAP. 56.
Provisos. |
LAWS OF MARYLAND.
or persons through whose land the said road may pass, by opening
the same, and the said valuation shall be made before the said commissioners
shall proceed to open the same; 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 the said county of Frederick, on application of the party
interested, to issue his warrant, under hand and seal, directed to
any constable of the county, commanding him to summon five freeholders,
disinterested as to the said road, to appear, on a day by
him to be appointed, on the land of the person making application
as aforesaid, and the said freeholders, having first made oath before
some justice of the peace, that they will, without favour, affection,
prejudice 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,
of which the said commissioners shall have had at least five days
previous 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; and the party or parties in whose favour
the valuation ascertained by the said commissioners, or the damages
assessed by the said freeholders, shall be made, shall be entitled
to receive the same from the said commissioners; and the said
commissioners shall pay, or secure to be paid, the amount of the
said valuation or damages to the respective parties entitled to the
same, out of the monies to be raised and collected from the subscriptions
to the said road, within the space of six months after the
assessment of such valuation or damages, and before they shall
proceed to affect the lands and tenements of the person or persons
concerned; Provided, that the said road shall not go through any
houses, gardens, yards, meadows or orchards, unless with the consent
of the owner thereof. |