| 1802.
CHAP. 16.
Provisos. |
LAWS OF MARYLAND.
the county, to be by him recorded, which shall be deemed and taken
a public road for ever thereafter, and shall be kept up and repaired
as all other public roads in said county; and shall ascertain
and value what damages may be sustained by any person or persons
through whose land the said road may pass, and the said valuation
shall be made and paid by the petitioners aforesaid before
the said commissioners shall cause the same to be opened and cleared;
and in case any proprietor or proprietors shall conceive him,
her or themselves aggrieved by the valuation of the said commissioners,
or shall be an infant, feme covert, or non compos mentis, it
shall and may be lawful for any justice of the peace for said county,
upon application of any person or persons through whose lands the
said road may pass, to issue his warrant, under his hand and seal,
to the constable fo the hundred wherein such lands may be, commanding
him to summon twelve freeholders, disinterested in the
said road, to appear on a day by him to be appointed on the said
lands, at which time such freeholders so summoned, shall respectively
appear before such justice, and take the following oath, or affirmation,
to wit: " I A. B. do swear, or affirm, that I will honestly
" and impartially value the damages and inquiry sustained by the
" opening of a road through the lands of C. D. in pursuance of this
" act," and shall return an inquisition of such damages by them assessed
to the clerk of the said county, to be by him kept in his office,
which damages so assessed shall be conclusive; Provided nevertheless,
that nothing herein contained shall authorise the said
commissioners to open the said road through the buildings, gardens,
orchards or meadows, of any person without his consent; And provided
also, that nothing herein contained shall authorise the said
commissioners to lay out the said road through the land of any infant,
feme covert, or person non compos mentis. |
