| 1816.
CHAP. 144. |
LAWS OF MARYLAND.
Horace Roberts, and Captain James Hall, be and they are hereby
appointed commissioners to view the road leading from Church
Hill to Sudler's Cross Roads, and they, or a majority of them, are
hereby authorised to alter, straighten, and amend the same, as they
in their judgment may deem most advisable for the public good, and
as little injury to persons through whose lands the said road may
pass as the aforesaid commissioners may think most proper; and
the said commissioners, or a majority of them, shall survey, mark
and bound, the said road as straightened, altered and amended by
them, (at least thirty feet in width) and return a plot thereof, with
a certificate of the courses and distances of the same, to the clerk
of Queen-Anne's county, with the probable amount of expenses
that may be incurred for opening, straightening and amending the
said road. |
Damages to be ascertained.
Provisos. |
2. AND BE IT ENACTED, That the said commissioners
shall ascertain
what damages, (if any,) the owner or owners of land over
which the said road may be laid out shall or may sustained for an
on account of the same having been laid out through or over their
lands, and return the same, under their hands, to the levy court of
Queen-Anne's county, and the sid levy court be, and they are
hereby authorised and directed, to assess and levy on the assessable
property of said county, such sum or sums of money as shall be
ascertained by said commissioners to be due to the landholders
aforesaid, which sum or sums of money shall be collected and paid
over as other county charges are, to those persons entitled to receive
the same, and shall also levy such sum as the commissioners
aforesaid shall recommend for opening and clearing the said road;
Provided always, that if any person or persons through whose
lands the said road may pass, his, her, or their guardian or trustee,
shall conceive themselves aggrieved by such valuation and assessment
of damages by eh said commissioners, it shall and may
be lawful for any justice of the peace of said 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
uninterested in the opening of the said road, 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 that they will, without favour, affection or partiality,
assess the damages sustained by the person or persons at whose
request such inquisition shall be taken, by reason of opening the
said road through his, her, or their land, shall thereupon proceed
to assess and value the damages accordingly, taking into consideration
the advantages and disadvantages, (if any,) of which the
said commissioners, or a majority, shall have at least five days notice,
and shall return the damages so assessed to the said justice of
the levy court, and such inquisition and valuation shall be final
and conclusive; Provided, that the said road shall not pass through
any house, yard, garden or orchard, without the consent of the
owner or owners thereof. |
Supervisors to be
appointed |
3. AND BE IT ENACTED, That the levy court
of said county
shall immediately upon the return of the plot and certificate of the
said road, appoint one or more supervisors to open and clear the |
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