| 1804.
CHAP. 68. |
LAWS OF MARYLAND.
and receive the same; and the said monies, when received, shall be
applied under the direction of the commissioners aforesaid, or a
majority of them. |
| To give bond. |
3. AND BE IT ENACTED, That the treasurer to
be appointed as
aforesaid, before he shall receive any money subscribed, or to be
subscribed, for the purpose aforesaid, shall give his bond, in the
penalty of two thousand pounds current money, to the state of
Maryland, conditioned to apply the monies received by him as
such under the direction of the commissioners aforesaid, or a majority
of them. |
Damages to be
ascertained.
Proviso. |
4. AND BE IT ENACTED, That the commissioner
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 him, her or themselves aggrieved
by such valuation and assessment 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 aforesaid, on application
of the party interested, to issue his warrant, under his hand and
seal, directed to any constable of the county, commanding him to
summon twelve freeholders, who do not hold lands through which
the said road may pass, to appear, on a day by the said justice to
be appointed, on the land of the person or persons making application
as aforesaid, and the said freeholders, having first made oath
before said justice of the peace, that they will, without favour, affection
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, or a majority of them, shall have had at
least five days 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 a majority
of them, or the damages assessed by the said freeholders, shall
be made, shall be entitled to receive the same from the said treasurer,
on an order drawn on him by the said commissioners, or a
majority of them; and the said commissioners shall direct the treasurer
aforesaid to pay, or secure the same to be paid, out of the monies
raised, or to be raised and collected form the subscribers 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,
and upon the payment of the money to the person or persons through
whose land the said road is intended to pass, the said commissioners
may open the said road through such person or persons land;
Provided, that the said road shall not pass through any house, yard,
garden, meadow or orchard, unless with the consent of the owner
or owners thereof. |
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