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JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR.
public that now runs from the farm of Charles Sewel through the
lands of Samuel T. Wright, Nathan Godwin and William Clayton,
to the farm of John Chairs, junior, or so much thereof as has not
heretofore been made public; therefore, |
1802.
CHAP. 75. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
Philip Fideman, William Hackett, Samuel Nichols, Joshua Kennard
and John Watson, be and they are hereby appointed commissioners
to survey, lay out, open and clear, a road, not exceeding
thirty feet wide clear of ditches, beginning for the road to be laid
out on the public road leading from Church Hill to Centre-Ville, at
or near the place where the road was formerly laid down, through
the land now belonging to Charles Sewel, and running with or
near the old road, in such direction as they shall think best, until
it intersects the public road at or near the farm of John Chairs,
junior, in said county; and the said road, (when surveyed, laid out,
opened and cleared as aforesaid, and the valuation herein after directed
to be assessed,
shall be paid or secured to the person or persons concerned,)
shall be recorded among the records of Queen-Anne's county, and
shall for ever thereafter be deemed a public highway, and shall be
kept in repair in the same manner as other public roads are kept
in said county; Provided, that the said commissioners shall not
lay
out or open the said road through the buildings, gardens, meadows
or orchards, of any person, without his or her consent. |
Commissioners appointed
to lay out
road. |
3. AND BE IT ENACTED, That the commissioners
aforesaid, or
a majority of them, be and they are hereby authorised and directed
to ascertain and value what damages may be sustained by any
person or persons through whose land the said road may pass, by
opening and clearing the same, and the said valuation shall be
made and paid, or secured, before the commissioners shall proceed
to open and clear the same; and in case any proprietor or proprietors
shall conceive him, her or themselves aggrieved by the valuation
of the commissioners, it shall and may be lawful for the
said commissioners, or a majority of them, on the application of
any person interested, to issue their warrant, under their hands
and seals, to the constable of the hundred where such lands may
be, commanding him to summon twelve freeholders, not interested
in the said lands, to appear on a day by them to be appointed on
the said lands, at which time such freeholders so summoned shall
respectively appear before the said commissioners, and take the
following oath, to wit: " I A. B. do swear, that I will honestly,
" without favour, prejudice or partiality, value the damages and injury
" sustained by opening a road through the lands of C. D. in
" pursuance of this act," and shall return an inquisition of such
damages to the clerk of the county court of Queen-Anne's county,
and the damages so assessed shall be conclusive. |
Damages to be ascertained |
4. AND BE IT ENACTED, That the persons who
may conceive
themselves interested or benefitted by such road are hereby required
to pay into the hands of the commissioners aforesaid, or some
one of them, for the use of the person or persons in whose favour
such valuation may be made, immediately upon laying out and
opening the road aforesaid, whatever damages be as aforesaid adjudged
to the party sustaining such damages, and in case of failure
of payment as aforesaid, this act to be null and void, but in case |
Persons interested
in road to pay damages. |
VOL. I.
26
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