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LAWS OF MARYLAND.
CHAP. IX.
An Act to open a Road from Barnsville, in Montgomery County, to
Zachariah Maccubbin's Mill, and thence to intersect
the Main Road
leading from Frederick-Town to George-Town, at or near
Log-Town.
Lib. TH. No. 1, fol. 8. |
1805.
CHAP. 9.
Passed Jan. 25, 1806. |
WHEREAS it is represented to this general assembly,
by the petition
of sundry inhabitants of Montgomery county, that they experience
great inconvenience for want of a road from Barnsville to
Zachariah Maccubbin's mill, and thence to intersect the main road
leading from Frederick-town or George-town, at or near Log-town,
and it appearing that the same would be of great public convenience,
therefore, |
Preamble. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
Hezekiah Veatch, Thomas Howard, John Wailes, Greenbury Howard,
Godshall Douglas, Charles Wharton and John Henderson,
be and they are hereby appointed commissioners for that purpose,
and any three of them are hereby authorised to lay out and open,
at the expense of Montgomery county, a road not exceeding thirty
feet wide, from Barnsville to Zachariah Maccubbin's mill, and
thence to intersect the main road leading from Frederick-town to
George-town, at or near Log-town, in said county, in the most
convenient direction they may think proper; and the said road,
when so laid out and completed, shall be recorded among the records
of said county, and be thereafter deemed and taken to be a
public road, and shall be kept in repair as other public roads in said
county are directed to be kept. |
Commissioners appointed
to lay out
and open a road. |
3. AND BE IT ENACTED, That the commissioners
aforesaid shall
and they are hereby directed to apply to any justice of the peace
for the county aforesaid, who shall issue his warrant, under hand
and seal, directed to any constable of the said county, commanding
him to summon five freeholders, disinterested as to the lands, and
not connected with any person through whose lands the said road
may pass, to appear at a place and on a day by him to be appointed,
and after taking the following oath, or affirmation, as the case may
be, to wit: " I, A. B. do swear, or solemnly, sincerely and truly
" declare and affirm, that I will honestly and faithfully estimate and
" value the damage and injury sustained by C. D. by opening a road
" through the land of the said C. D. in pursuance of the directions
" of this act," shall proceed to ascertain and value what damages
may be sustained by any person or persons through whose land the
said road may pass, by opening and clearing the same, and shall
return the damages by him assessed to the clerk of the said county,
and the damages so assessed shall be conclusive, and after the valuation
so made the said commissioners shall proceed to open and
clear the same; provided, that the said road should not pass through
any houses, gardens, orchards or meadows, unless with the consent
of the owner thereof. |
Damages to be ascertained. |
4. AND BE IT ENACTED, That the clerk of the
said county at
the next levy court following, shall lay the damages so assessed
before the said court, and the justices of the said court shall levy
upon the assessable property of the said county, the damages so adjudged |
Amount of damages
to be levied. |
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