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JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR.
upon completing the same the said road shall be deemed a public
road, and shall be kept in repair as other public roads in the aforesaid
county are by law directed to be kept. |
1801.
CHAP. 85. |
2. AND BE IT ENACTED, That upon the said levy
court confirming
the said road, they shall be and are hereby authorised and
empowered to agree and contract with the person or persons on
whose lands the said road may be laid out for the amount of damages
thereby sustained, not exceeding the rate of ten pounds per
acre, but if such agreement should not take place, then the said
court shall issue their warrant, directed to the sheriff of the said
county, commanding him to summon and return a jury of twelve
good and lawful men of the said county, not interested or related
to the party or parties concerned, to be and appear before some one
of the justices of the said county, on the premises at a certain day
in the said warrant to be expressed, which jury, on their oaths or
affirmation, as the case may be, to be administered by the said justice,
shall inquire who are the owner or owners of the said land
over which the said road so laid out and ratified, shall pass, and
what damages such owner or owners will actually suffer from the
passage of the said road over the said land, the said jury taking
into consideration all conveniencies and inconveniencies, advantages
and disadvantages, if any, arising from the opening and improving
the said road, and such sheriff shall return the inquisition of the
said jury, under their hands and seals, and attested under his official
signature, to the next levy court to be held for the said county,
and the amount of damages therein expressed, if any, shall be paid,
by order of the said court, out of the monies to be levied as is herein
after directed; Provided, that in case the said road shall run on
the bed of any old road heretofore laid out and now in use, such person
or persons through whose lands the said old road now passes
shall not be entitled to receive any compensation for damages herein
before directed to be paid: Provided also, that the said road
shall
not pass through any enclosed yards, garden or orchard, without
the consent of the owner, nor shall any field in which grain, hemp,
flax or tobacco, or other cultivated vegetables are growing, be laid
open until after the season for collecting and securing the crops
growing on such field. |
Damages to be
ascertained.
Provisos. |
3. AND BE IT ENACTED, That the levy court
of the said county,
at the time of laying the next levy for the said county, shall levy
on the assessable property of the said county such sum or sums of
money as they may deem necessary, for the purpose of surveying,
opening and clearing the said road, and the payment of the damages
to the owners of the land through which the said road shall pass,
and also for the payment of such compensation to the commissioners
as is herein after directed to be paid. |
Levy to be made
for opening road. |
4. AND BE IT ENACTED, That when the commissioners
aforesaid
shall have discharged all the duties required of them by this
act, the levy court aforesaid shall order to be made to the said commissioners
respectively, out of the monies to be levied as is by this
act directed, such reasonable compensation as to the said court shall
seem meet, and the said commissioners respectively shall thereafter
be discharged. |
Compensation to
commissioners. |
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