| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
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 county. |
1815.
CHAP. 89. |
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, 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 said 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 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, who do not hold lands
through which the said road may pass, to appear on a day by the
said justice to be appointed, on the land of the person or persons
making application aforesaid, or for whose benefit such application
shall be made; and the said freeholders, having first made oath
before the 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, or for whose benefit, 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, or a
majority of them, shall have had 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; and
the party or parties in whose favour the valuation ascertained by
the said commissioners, or a majority of them, or the damages
assessed by the said freeholders, shall be made, shall be entitled to
receive the same from the said petitioners 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, and upon the payment
of the money, or the securing the same to be paid as aforesaid, to
the person or persons through whose land the said road is intended
to pass, the said commissioners may open the said road through
such person or persons land; Provided; that the said road shall
not
pass through any house, yard, garden, meadow or orchard, unless
with the consent of the owner or owners thereof. |
Damages to be ascertained.
Provisos. |
CHAP. XC.
An act for introducing a supply of Water into the Town of Emmitsburgh.
Lib. TH. No. 4, fol. 541. |
Passed Jan. 15, 1816. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
a company be and they are hereby incorporated and made a body
politic, for the purposes hereinafter mentioned, and that the said |
Company incorporated. |
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