| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
exceeding three acres, to be bounded at the corners, for the use of
the county; and valuation of damages shall be made by said commissioners
for said lot of land, and when levied and collected, shall
be paid to the persons entitled to receive the same; and the levy
court may in like manner on petition as aforesaid for a public landing
only, direct the said quantity of land to be laid out, marked
and bounded for a public landing or lumber yard as aforesaid,
and damages to be ascertained, levied and paid, as aforesaid; and
a plot and certificate of all public roads and landings or lumber
yards as aforesaid, shall be returned to the levy court, and by them
transmitted to the clerk of the county court, to be by him recorded
among the records of the county, and all such roads, landings
and lumber yards, shall be kept in repair as other public roads are,
for the free use of the county; Provided nevertheless, that there
may
be an appeal (a) from the decision of the levy court to the next county
court, and the decision of the county court shall be conclusive,
and in case the county court shall confirm the decision of the court
below, the cost to be paid by the person appealing, otherwise by
the county; Provided, no road, landing, or lumber yard, shall be
laid off under this law through the yard, garden, building or orchard,
of any person or persons, without his, her, or their consent.
(a) By 1818, ch. 30, the appeal
to be made within sixty days after the decision
of the levy court. |
1817.
CHAP. 110.
Provisos. |
26. AND BE IT ENACTED, That the commissioners,
or a majority
of them, shall value and ascertain the damages that may be
sustained by each and every person through whose lands the said
road may pass, by opening of the same, taking into consideration
the advantages and disadvantages of the same, the damages so ascertained
shall be levied and collected as other county charges are,
and shall be paid over to the persons respectively through whose
lands the said road may pass, provided that no road shall be opened
until the said damages shall be paid.
By 1818, ch. 30, the levy court may
proceed, after the expiration of sixty days,
to cause the road to be made unless there shall have been an appeal, &c.
If the
decision is affirmed, the levy court may proceed immediately to cause the
road to
be made. |
Damages to be ascertained. |
27. AND BE IT ENACTED, That the said commissioners
before
they proceed to act, shall take an oath, before a justice of the peace,
that they will, without favour, partiality or prejudice, assess the
damages sustained by the persons through whose lands the said
road, landing or lumber yard, shall pass or be opened, by reason of
opening the same. |
Commissioners to
take an oath. |
28. AND BE IT ENACTED, That the said commissioners
shall be
entitled to receive a compensation for their services and attendance,
not exceeding two dollars per day, and all officers of the county
court shall be entitled to the same fees for all business done in virtue
of this law, as are now or shall be hereafter received for like
services, to be ascertained by the levy court of said county, which,
together with all charges arising from the survey or attendance of
witnesses, shall be levied, collected and paid, as other county
charges are. |
Their compensation. |
29. AND BE IT ENACTED, That the levy court
of Worcester
county shall have all the power and authority of granting private
roads, that by law* is now vested in the county courts, provided
the notice is given as required for public roads, and that there |
Levy court may
grant private
roads.
* 1785, ch. 49. |
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