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JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR.
by him purchased, and of whom, with the vouchers relative thereto,
which account, so exhibited, upon oath or affirmation, when
the same shall have passed the levy court, shall be lodged in the
clerk's office of Baltimore county. |
1801.
CHAP. 77. |
4. AND BE IT ENACTED, That the said supervisor,
under the direction
of the levy court, shall cause the said roads to be cleared
sixty-six feet wide, twenty-one feet whereof in breadth, at least,
shall be made artificial road, which shall be bedded with wood,
stone or gravel, or any other hard substance, well compacted together,
a sufficient depth to secure a solid foundation to the same,
and the said roads shall be faced with gravel, or stone pounded,
or other hard substance, in such manner as to secure a firm, and
as near as the materials will admit, an even surface. |
And cause roads
to be cleared and
bedded with wood
or stone. |
5. AND, whereas the straightening and widening
the old roads,
and making the new, may cause damage to the owners of the land
through which the said roads may pass, and it is reasonable and
just that the owners should, (if they require it,) receive compensation
therefor, BE IT ENACTED, That if the proprietor of the land
through which the present roads now pass, and which have been
continued by the plots of said roads, which plots have been lodged
in the clerk's office of Baltimore county, shall apply to the levy
court of said county for any satisfaction for the addition of the forty-six
feet to the present legal breadth of the said road, the said levy
court may agree with the owner for the purchase of such addition,
and may allow him therefor at a rate not exceeding fifty dollars
per mile, and where the said roads shall pass through any unimproved
land, the owner may be allowed at the same rate per
mile of sixty-six feet wide, and if the addition to the old road of
forty-six feet, or the new road of sixty-six feet shall pass through
any improved lands, (buildings, orchards, yards, gardens, excepted,)
the justices of said levy court may agree with the owner of
such improved ground for the purchase thereof, and may allow him
therefor at a rate not exceeding eighty-six dollars for every mile of
such road of sixty-six feet wide, and at the same rate for every mile of
forty-six feet wide; and in case the owner of said lands shall refuse
to make sale thereof at a reasonable price, or be under any
incapacity or disability of making such sale or contract therefor,
any two justices of the said levy court may issue their warrant, directed
to the sheriff of the county, commanding him to summon and
return a jury of twelve good and lawful men of his county, not connected
with the party claiming damage, and not interested in the
lands in question, and not holding any land through which either
of the turnpike roads shall run, to be and appear before a justice of
the peace for said county, on the premises, at a certain day in the said
warrant to be expressed, which jury, upon their oath, to be administered
by the said justice of the peace, shall inquire who is or are
the owner or owners of the said land over which the said road
runs or passes, and what damage such owner or owners will sustain
by reason and occasion of carrying such road over and through
the said lands, and the said jury are hereby required to consider
the convenience and benefit, and the disadvantages, (if any,) by
reason of such road passing through such land, and the said sheriff
shall return the inquest of the jury under his hand, and their hands
and seals, to the justices of the levy court aforesaid. |
Court may agree
for the purchase
of additional
ground for widening
roads--in
case of disagreement
jury to be
summoned. |
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