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JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR.
2. BE IT ENACTED, by the General Assembly
of Maryland, That
John Comegys, Benjamin Massey, Casparas McGinnis, Doctor
Simon Wilmer and Samuel Johnson, or a majority of them, be and
they are hereby appointed commissioners to survey, lay out and
open, at the expense of the petitioners, a road, not exceeding thirty
feet in width, clear of ditches, in as straight and convenient a
direction as may be, from a stone marked WHB, standing in or
near the main road leading from the head of Chester to the head of
Sassafras, in Kent county, through the lands of James Blackeston,
Edward Hanson, and others, until it shall intersect the divisional
line between this state and the state of Delaware at or near
the lands of George C. Saunders. |
1802.
CHAP. 6.
Commissioners appointed
to survey
and lay out road. |
3. AND BE IT ENACTED, That the said commissioners,
or a
majority of them, shall and they are hereby directed and required
to make, or cause to be made, a plot of the said road, when surveyed
as aforesaid, and to ascertain and assess the damages that
may be sustained by any person or persons through whose lands
the same shall pass, and shall make return of the said plot, together
with a certificate of the courses of the said road, and their
estimate of the damages as aforesaid, to the clerk of Kent county,
to be recorded among the land records of the said county, and
when the same shall have been returned, and the damages so as
aforesaid ascertained shall have been paid, or secured to be paid,
the said road shall for ever thereafter be deemed a public highway,
and shall be kept in repair as other public roads of Kent county;
Provided always, that if any person or persons through whose
lands the said road shall pass, or his, her or their guardian or trustee,
shall think themselves aggrieved by the valuation and assessment
of damages to be made by the commissioners as aforesaid,
the said commissioners, or a majority of them, shall and they are
hereby authorised to issue their warrant to the sheriff of Kent
county, to summon twelve freeholders of the said county, not interested
in the premises, and qualified to serve as jurors in the
county court, to appear on the premises on a day to be appointed,
and when the persons so summoned shall convene as aforesaid,
some one of the said commissioners shall administer an oath to
each of the persons so summoned, that he will, without favour, affection,
partiality or prejudice, assess the damages sustained by the
person or persons at whose instance and request such inquisition
shall be taken by reason of opening the aforesaid road through his,
her or their land, and the persons so summoned and sworn shall
thereupon immediately proceed to value and assess the damages
accordingly, of which the said petitioners, or some three or more
of them, shall have at least five days previous notice; And provided
also, that the said commissioners shall not lay out or open
the said
road through the buildings, gardens or orchards, of any person
without his or her consent. |
A plot of the same
to be made--
Damages to be ascertained.
Provisos. |
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CHAP. VII.
An Act further extending the time for making returns of certain
Certificates and Plots. Lib. JG. No. 4, fol. 211. |
Passed Jan. 8, 1803. |
WHEREAS it appears that several certificates and
plots have not
been returned to the land-office of the western shore within the
time limited by an act passed at November session, eighteen hundred |
Preamble. |
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