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ROBERT BOWIE, ESQUIRE, GOVERNOR.
out, open and change, at the expense of the petitioners, or other
persons interested therein, who may subscribe to pay the expense, a
road, not exceeding thirty feet in width, in a convenient direction
from the upper part of Elisha Brown's plantation, where it joins
the lands of the petitioners, to intersect a public road leading to
Elk Ridge Landing at a place called Sandy Bottom; 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 repaired in said county. |
1804.
CHAP. 74. |
3. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, may appoint a collector, who is hereby empowered
to collect and receive all monies subscribed, or that may be subscribed,
for the purpose of opening said road, and such subscribers
are hereby directed to pay their several subscriptions to the collector
appointed as aforesaid; and if any person shall neglect or refuse,
when applied to by the said collector, to pay his subscription money,
the said collector may and he is hereby authorised to sue for, 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
collector, 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 order of the commissioners
aforesaid, or a majority of them. |
A collector to be
appointed. |
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, taking into consideration the
advantages and disadvantages resulting therefrom, 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 himself,
herself or 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 party interested, to issue his warrant,
under
his hand and seal, directed to any constable of the county, commanding
him to summon five 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, 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
opening the said road through his, her or their land, taking into
consideration the advantages or disadvantages, if any, and shall
thereupon proceed to assess and value the damages accordingly, and
such inquisition and valuation shall be final; and the party or parties
in whose favour the valuation ascertained as aforesaid shall be
entitled to receive the same from the said collector, by an order
drawn on him by the said commissioners, or a majority of them, and
upon the payment of the money, or securing the same to be paid, |
Damages to be ascertained.
Proviso. |
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