| 1804.
CHAP. 43. |
LAWS OF MARYLAND.
to Sarah Falconer, and the heirs of Elizabeth Massey, deceased,
whereon Richard Simmonds now lives; and one other road to begin
at such part of the road leading from the Blue Ball to said
mill as the commissioners shall direct, and to run from said road,
in such direction as they shall think best, until it shall intersect
the road leading from Sadler's cross roads, by Hemsley Massy's
to Well's warehouse, in said county; and the said roads, when surveyed,
laid out, opened and cleared as aforesaid, and the valuation
herein after directed to be made, or the damages, if any, herein
after directed to be assessed, shall be paid, or secured to be paid,
to the person or persons concerned, shall be recorded among the
records of Queen-Anne's county, and shall for ever thereafter be
deemed public highways, 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
roads, or any of them, through the buildings, gardens, meadows
or orchards, of any person, without his or her consent. |
| Damages to be ascertained. |
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 roads, or either of
them, may pass, by opening and clearing the same, and the said
valuation shall be made and paid, or secured to be 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, 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 and place
such freeholders, so summoned, shall respectively appear before
the said commissioners, and take the following oath, to wit:
" I,
" _____, do swear, that I will honestly, without favour, prejudice or
" partiality, value the damages and injury that may be sustained
" by opening a road through the lands of _____ _____, 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. |
Persons interested
to pay damages. |
4. AND BE IT ENACTED, That the persons who
may conceive themselves
interested or benefitted by such road or roads as aforesaid, are
hereby required to pay, or secure to be paid, 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 shall be made,
previous to laying out and opening the said roads as aforesaid, or
either of them, as the case may be, whatever damages be as aforesaid
adjudged to the party sustaining such damages, and in case of
failure of payment, or security as aforesaid, this act to be null and
void, but in case of compliance with the provisions of this act, the
said road or roads respectively to be considered as public highways,
and to be kept up in the same manner as other public roads
in said county. |
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