| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
Nicholas Holtz, be and they are hereby appointed commissioners,
and they, or a majority of them, are hereby authorised,
as commissioners, to lay out and open, at the expense of the county,
a road not exceeding sixty feet in width, from the north east
corner of George Lease's lot, number one, part of Tasker's
Chance, or from any other point or place of said lot, which lies on
the west side of the present road, as they may deem most proper,
to pass from thence in a direct line to enter Frederick Town, at or
near the north end of Market-street, so as to do as little injury as
possible to the lands or lots through which the same may pass,
taking into view the public convenience and expense; and that the
said road, when so laid out and completed, shall be recorded
among the land records of said county, and thereafter deemed and
taken to be a public road, and shall be kept in repair as other public
roads in the said county are directed to be. |
1816.
CHAP. 38. |
2. AND BE IT ENACTED, That the commissioners
aforesaid, or
a majority of them, shall value and ascertain the damages that may
be sustained by any person or persons through whose lands the
said road may pass, by opening of the same, and the damages so
ascertained, or in the event of their being ascertained by jury,
shall be levied and assessed as other county charges are, and shall
be paid over to the person or persons entitled to the same. |
Damages to be assessed. |
3. AND BE IT ENACTED, That if any person or
persons through
whose land the said road may pass, or his or their guardian or
trustees, conceive himself, herself or themselves, aggrieved by
such valuation or assessment of damages by said commissioners,
it shall and may be lawful for a justice of the peace of said county,
on his or their application, to issue his warrant, under his
hand and seal, directed to the constable of the hundred, commanding
him to summon twelve disinterested men, qualified by
law to serve as jurors in the county court, to meet upon the premises
upon a certain day, of which ten days notice shall be given
to the party or parties interested; and that the said jurors,
when so met, and having each first taken an oath before some
justice of the peace for said county, that he 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 lands, shall thereupon proceed to assess and value the
damages accordingly, taking into consideration the advantages
and disadvantages, if any, and such inquisition or valuation shall
be final and conclusive; but should the jury award the same or a
less sum for damages than the commissioners had previously done,
then and in that case the person or persons at whose instance it
was held, shall pay all the legal costs and charges of said inquisition,
but if on the contrary they should award a larger sum, then
the costs of such inquisition shall be paid by the county. |
Jury to be summoned
when parties
consider themselves
aggrieved. |
4. AND BE IT ENACTED, That the said commissioners
before
they proceed to act, shall take an oath before some justice of the
peace, that they will, without favour, partiality or prejudice, assess
the damages sustained by the person through whose land the said
road may pass, by reason of opening the same. |
Commissioners to
take an oath. |
VOL. III.
54
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