| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
and John Hosselback, of Frederick county, and Richard Beall, of
Montgomery county, or a majority of them, be and they are hereby
appointed commissioners to survey, lay out and open, at the expense
of the petitioners, or other persons interested therein, a road
not exceeding thirty feet in width, in the best and straightest direction,
taking all circumstances into consideration, from a point
near the widow Reid's on the road leading from Frederick-town to
Noland's ferry, pursuing the bed of the old road, unless the public
interest require a departure from it, according to a right reserved
in a deed of John Chisholm to Thomas Noland, dated the nineteenth
of March seventeen hundred and seventy-eight, to cross the
Monocacy at Johnson's furnace, thence to a stone or gate the
corner of Johnson Davis and Jones' lands, thence with a straight
line on the ridge between Davis and Jones, to intersect the road
leading from the mouth of Monocacy to Baltimore at the mouth of
the west end of Abraham Jones's land; and the said commissioners
shall make out a plot of that part of the road through Frederick
county, and return the same to the clerk of the county court, to be
recorded among the records of said county, they shall also make
out a plot of that part of the road through Montgomery county,
and return the same to the clerk of Montgomery county court, to
be recorded among the records of said county; and the road, when
so opened at the expense of the petitioners, or others interested,
and the valuation hereinafter directed to be made shall be paid or
secured to be paid, to the individuals concerned, shall be thereafter
deemed to be a public road for ever, and shall be kept in repair in
the same manner as other public roads are directed to be kept in
said counties. |
1815.
CHAP. 69. |
2. AND BE IT ENACTED, That in case of death,
resignation,
disqualification, or refusal to act, of any of the commissioners
aforesaid, the remaining commissioners, or a majority of them,
shall and they are hereby authorised and directed to fill up such
vacancy or vacancies. |
Vacancies, how to
be supplied.
|
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, by opening the same, and the valuation
shall be made before the 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 freeholders who do not hold lands through which the
said road may pass, 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 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 |
Damages to be ascertained.
Provisos. |
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