| ROBERT BOWIE, ESQUIRE, GOVERNOR.
from the town of Emmitsburgh, in Frederick county, to the aforesaid
road leading from Gettysburg, at Caldwell's lane on the Pennsylvania
line; and the said road, when so opened at the expense of
the petitioners as aforesaid, and the valuation herein after directed
to be made shall be paid, or secured to be paid, to the individuals
concerned, shall be recorded among the records of Frederick county
court, and be thereafter deemed to be a public road for ever. |
1803.
CHAP. 30.
|
3. AND BE IT ENACTED, That the said commissioners
may appoint
one of their number as treasurer, and give him a certificate,
under their hands, of his appointment, who is hereby empowered
and enjoined to collect and receive all monies subscribed, or that
may be subscribed, for the purpose of opening the said road, and
such subscribers are hereby directed to pay their several subscriptions
to the treasurer appointed as aforesaid; and if any person
shall neglect or refuse, when applied to by the aforesaid treasurer,
to pay his subscription money, the said treasurer may and he is
hereby authorised to sue for, recover and receive the same; and the
said monies, when received, shall be applied by the commissioners,
or any two of them, to the purpose of this act. |
Treasurer to be
appointed. |
4. AND BE IT ENACTED, That the commissioners
aforesaid shall
ascertain and value what damages may be sustained by any person
or persons through whose land the said road may pass, by opening
the same, and the said valuation shall be made before the said commissioners
shall proceed to open the same; Provided always, that if
any person or persons through whose land the said road shall pass,
or his, her or their guardian or trustee, shall conceive themselves
aggrieved by such valuation and assessment of damages by the said
commissioners, it shall and may be lawful for any justice of the
peace of the said county of Frederick, on application of the party
interested, to issue his warrant, under hand and seal, directed to
any constable of the county, commanding him to summon five freeholders,
disinterested as to the said road, to appear, on a day to be
appointed by the said magistrate, on the land of the person making
application as aforesaid, and the said freeholders, having first made
oath before some justice of the peace, that they will, without favour,
affection, prejudice or partiality, assess the damages sustained by
the person or persons at whose request such inquisition shall be
taken, by reason of opening the aforesaid road through his, her or
their land, shall thereupon proceed to assess and value the damages
accordingly, of which the said commissioners shall have at least
five days previous notice, and shall return the damages so assessed
to the said justice of the peace, and such inquisition and valuation
shall be final and conclusive; and the party or parties in whose favour
the valuation ascertained by the said commissioners, or the
damages assessed by the said freeholders, shall be made, shall be
entitled to receive the same from the said commissioners; and the
said commissioners shall pay, or secure to be paid, the amount of
the said valuation or damages to the respective parties entitled to
the same, out of the monies to be raised and collected from the subscriptions
to the said road, within the space of six months after the
assessment of such valuation or damages, and before they shall proceed
to affect the lands and tenements of the person or persons concerned;
Provided, that the said road shall not go through any |
Damages to be ascertained.
Proviso. |
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