| 1815.
CHAP. 97.
Passed Jan. 15, 1816. |
LAWS OF MARYLAND.
CHAP. XCVII.
An Act to lay out and open a Road in Frederick County. Lib.
TH.
No. 4, fol. 557. |
Commissioners appointed
to lay out
and open road. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
Valentine Buckey, John Cromise, Isaac Hedges, John Gittinger
and John Stull, 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
John Cromise's farm, and the old glass works, thence by Frederick
Clise's, Frey's and Donstone's mill to Ramburgh's meeting
house, pursuing the bed of the old road, unless the public interest
require a departure from it; and the said commissioners shall make
out a plot of said road, and return the same to the clerk of the
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 therein, 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 county. |
Vacancies, how to
be supplied. |
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. |
| Damages to be ascertained. |
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 peace 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 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, 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 |
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