| 1803.
CHAP. 29.
Damages to be ascertained. |
LAWS OF MARYLAND.
3. AND BE IT ENACTED, That the commissioners
aforesaid, or
a majority of them, shall ascertain and value what damages may
be sustained by any person or persons through whose lands the
said road may pass, by opening and clearing the same, and the
said valuation shall be made and paid 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 said commissioners, or shall be an infant,
feme-covert, or non compos mentis, it shall and may be lawful
for
the said commissioners, on the application of any person interested,
to apply to any justice of the peace for the county of Worcester,
who shall thereupon issue his warrant, under his hand and
seal, to the constable of the hundred wherein such lands may be
commanding him to summon twelve freeholders, disinterested in
the said road, to appear, on a day to be by him 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 value the damage and injury sustained by C. D. by
" opening a road through the lands of the said C. D. in pursuance
" of this act;" and shall return an inquisition of such damages by
them assessed to the clerk of the county clerk fo Worcester, and
the damages so assessed shall be conclusive. |
Persons interested
in said road to
pay damages adjudged. |
4. AND BE IT ENACTED, That the persons who
may conceive
themselves interested or benefited by such roads, are hereby required
to pay into the hands of the commissioners aforesaid, for
the use of the person or persons in whose favour such valuation
may be made, immediately upon laying out 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 of compliance with the provisions
of this act, the said roads to be considered as public roads,
and to be kept up as public roads in said county. |
|
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|
Passed Dec. 31. |
CHAP. XXX.
An Act to open a Road from the Town of Emmitsburgh, in Frederick
County, to Caldwell's Lane on the Pennsylvania line.
Lib.
JG. No. 4, fol. 382. |
| Preamble. |
WHEREAS it is represented to this general assembly,
by the petition
of sundry inhabitants of the town of Emmitsburgh, in Frederick
county, and its vicinity, that it would be of great advantage
to themselves, and the public in general, to have a road opened
from said town of Emmitsburgh, in the county aforesaid, on as
straight a direction as the nature of the ground will admit, to meet
a road leading from Gettysburg, in the commonwealth of Pennsylvania,
at Caldwell's lane on the Pennsylvania line; therefore, |
Road to be opened
at expense of
petitioners. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
John Huston, Peter Troxel and Patrick Reid, of Frederick county,
or any two of them, be and they are hereby appointed commissioners
to survey, lay out and open, at the expense of the petitioners,
or any part of them, particularly interested therein, or any
person or persons who may contribute thereto, a road, not exceeding
thirty feet in width, in the best and straightest direction that
the nature of the ground and other circumstances will admit of, |
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