| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
2. AND BE IT ENACTED, That if any of the commissioners
as
aforesaid shall die, or refuse to act, then in that case the levy court
of Washington county shall and may appoint another person or
persons in his or their stead. |
1815.
CHAP. 87.
Vacancies, how to
be supplied. |
3. AND BE IT ENACTED, That the commissioners
aforesaid, or
a majority of them, shall proceed forthwith to lay out the aforesaid
road, not exceeding thirty three feet in width, in the manner
herein before directed, and execute, sign and seal, a plain plot of
the same, with explicit explanations thereof, and designate on said
plot the names of the owner or owners, and the distance the road
passes over each of their land, and such plot and explanations
shall return to the justices of the levy court, who shall cause the
same to be recorded among the records of the same county in testimony
of the same; Provided, that nothing herein contained shall
in any manner authorise the said commissioners to lay out and
open the said road through the buildings, gardens, orchards or
yard, of any person or persons, without his, her or their consent. |
Width of road.
Proviso. |
4. AND BE IT ENACTED, That the supervisors
in clearing and
opening the said road shall not open any field at the time grain is
actually growing therein. |
Road not to be
opened through
any grain field. |
5. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, shall have full power to bargain and contract with
any person or persons over whose lands the said road may pass,
and adjudge the damages any person may sustain by said road, and
make return of all contracts by them made for land or damages
adjudged by them, by reason of opening said road, to the levy court
of said county. |
May adjudge damages. |
6. AND BE IT ENACTED, That if any owner of
the land so occupied
shall appear before the levy court before the levy is laid, and
object to the valuation and estimate of the commissioners, and request
a jury to value such land, and adjudge such damages as he
or she may sustained on account of said road passing through his or
her lands, the levy 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 over which the said road may pass, 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 said
road, and to assess the damages sustained by the person requiring
such jury in consequence of the said road passing through his or
her land, justly and fairly, without favour or affection to any person,
and to the best of their knowledge, which each 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 said 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. |
Owner may have
jury to assess damages. |
7. AND BE IT ENACTED, That the justices of
the levy court for
the county of Washington shall, and they are hereby required, to
appoint at the time and in the manner that they appoint other supervisors
for the public roads in their said county, a supervisor or
supervisors for the said road by this act established, and such supervisors |
Supervisors may
be appointed. |
VOL. III.
38
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