| 1818.
CHAP. 89.
Court to determine
whether damages
shall be
paid by petitioners,
or levied on
county. |
LAWS OF MARYLAND.
8. AND BE IT ENACTED, That the county court,
to whom the return
as aforesaid shall be made, shall determine whether the damages
by them adjudged as aforesaid, shall be paid by the persons
petitioning for the said road, or levied on the county, or may direct
the said damages to be paid by the petitioners and the county in
such proportion as the court may deem just. |
When road is determined
to be
opened or shut up
clerk to transmit
a copy of judgment
to levy court. |
9. AND BE IT ENACTED, That whenever the county
court shall
adjudge and determine that any road shall be opened or shut up, it
shall be the duty of the clerk to transmit to the levy court of the
county a copy, under seal, of the judgment of the county court including
the assessment of damages, and also a copy of the plot
returned. |
Damages to be
paid before road
is opened.
Proviso. |
10. AND BE IT ENACTED, That in all cases of
proceedings under
this act, the damages adjudged by the court shall be paid to the
respective parties, or their guardians, before the said road shall be
opened; and in case of the death of any of the parties concerned,
after the valuation made by the commissioners, or a majority of
of them, by the court, shall be paid to his, her, or their executor or
administrator; Provided always, that the signing of any petition
presented to the county court under this act, shall not make any
petitioner liable for the payment of the damages adjudged by the
court, or any part thereof, but the court may in their discretion
give judgment against the petitioners for the costs incurred by any
person defending against the claim of the petitioners, where the
case shall be decided in favour of such defendant. |
Where road is adjudged
to be opened,
levy authorised
for that purpose. |
11. AND BE IT ENACTED, That in all cases where
the county
court shall have adjudged that a road be opened or straightened, it
shall be the duty of the levy court, at the levy next after the judgment
of the county court shall be given, to levy on the assessable
property of the county a sum of money sufficient to open or straighten
the said road, as the case may be, and also sufficient to pay the
damages aforesaid, in case the county court shall have adjudged
that the said damages be paid by the county, or such proportion of
the said sums as the county court shall have adjudged to be paid
by such county, and it shall be the duty of the levy court to cause
said road to be opened or straightened as soon as the same can be
conveniently done. |
When opened and
cleared to be a
public road. |
12. AND BE IT ENACTED, That when any road
shall be opened
or straightened according to the provisions of this act, and well
and sufficiently cleared, it is hereby declared that the same shall
be for ever thereafter a public road, and shall be kept in repair as
other public roads are. |
Commissioners
compensation. |
13. AND BE IT ENACTED, That the said commissioners
shall be
entitled to receive a compensation for their services and attendance,
not exceeding two dollars a day, to be ascertained by the county
court of the county to which the said plot or certificate shall be returned,
which, together with all charges arising from the survey or
attendance of witnesses, or other process of the court, shall in the
discretion of the said court, be paid by the petitioners, or levied
collected and paid, by the county, as herein before directed. |
Fees of officers of
county courts. |
14. AND BE IT ENACTED, That the officers of
the several county
courts of this state shall be entitled to receive the same fees for all
business done in virtue of this law, as are now allowed for like services,
to be paid as aforesaid. |
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