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ROBERT BOWIE, ESQUIRE, GOVERNOR.
general issue, by way of justification, any law, usage or custom,
to the contrary notwithstanding. |
1803.
CHAP. 54. |
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CHAP. LV.
An Act to alter, change, lay out and open, a Road from Middle-Town,
in Frederick County, to Washington County.
Lib. JG. No. 4,
fol. 413. |
Passed Jan. 7, 1804. |
WHEREAS it is represented to this general assembly,
by the petition
of sundry inhabitants of Frederick county, that it would be
of advantage to the public to have a road laid out and opened from
Middle-town, in Frederick county, to Washington county; therefore, |
Preamble. |
2. BE IT ENACTED, by the General Assembly of
Maryland, That
Frederick Stemple, Samuel Shoup and Robison Eastburn, of Frederick
county, or a majority of them, be and they are hereby appointed
commissioners to survey, alter, change, lay out and open,
at the expense of the petitioners, or other persons interested therein,
who may subscribe to pay the expense, a road, not exceeding
forty feet in width, in the best and straightest direction from Middle-town,
in Frederick county, to Washington county line, to run
as straight a direction as the ground will admit of, to intersect the
Elizabeth-town road by Newcomer's mill to the South Mountain
at the Washington county line; and the said road, when so opened
at the expense of the petitioners, or others interested, shall be
deemed a public road for ever, and shall be kept in repair in the
same manner as other public roads are directed to be kept in said
county. |
Commissioners
appointed to survey
and lay out
road. |
3. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, may appoint one of their number as treasurer, who
is hereby empowered 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 said treasurer,
to pay his subscription money, the said treasurer may and he
is hereby authorised to sue, recover and receive the same; and the
said money, when received, shall be applied, under the direction of
the commissioners aforesaid, or a majority of them, to the purpose
of this act; Provided, the said treasurer, before he receives
any money, shall give his bond to the state, in the penalty of two
hundred pounds, conditioned to pay the monies received by him,
as such, to the commissioners aforesaid. |
Treasurer to be
appointed.
Proviso. |
4. 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 over whose land the said
road may pass, by opening the same, and the valuation shall be
made before the said commissioners, or a majority of them, shall
proceed to open the said road; Provided always, that if any
person
or persons through whose land the said road may pass, or his, her
or their guardian or trustee, shall conceive themselves aggrieved
by such valuation of damages by the said commissioners, or a majority
of them, it shall and may be lawful for any justice of the
peace of the county in which the land lies, on application of the |
Damages to be ascertained.
Proviso. |
VOL. I.
35
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