ROBERT BOWIE, ESQUIRE, GOVERNOR.
an overseer or overseers to clear and open said road, according
to said plot, and to levy such sum of money, as, in the discretion
of said court, shall be considered reasonable, for the purpose
of clearing and opening said road as aforesaid; and the said
road, when surveyed, laid out, cleared and opened as aforesaid,
shall be deemed a public road, and shall be kept in repair as other
public roads in said county are kept in repair. |
1805.
CHAP. 62. |
4. AND BE IT ENACTED, That the said commissioners
shall be
entitled to receive, as a compensation, the sum of two dollars for
every day they shall attend for the discharge of the duties required
of them by this act, and the said overseer or overseers of public roads
respectively receive, which compensations shall be respectively levied,
collected and paid, in the same manner that other county
charges are levied, collected and paid. |
Commissioners allowance. |
5. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, when they straighten said road, may and they are
hereby authorised to assess the damages sustained by the individuals
over whose lands the said road has been or may be straightened,
taking in consideration the advantages and disadvantages, if
any, and to return such assessment to the aforesaid levy court, to
be levied, collected and paid, as other county charges are levied,
collected and paid. |
Damages to be assessed. |
6. AND BE IT ENACTED, That if any person or
persons through
whose lands the said road has been laid out, pass or shall pass, or
his or their guardian or trustee, shall conceive himself, herself
or themselves, aggrieved by such valuation and assessment of
damages made, or to be made, by the said commissioners respectively,
it shall and may be lawful for any justice of the peace, on
his, her or their application, to issue his warrant, under his hand
and seal, directed to the sheriff of the county, commanding him to
summon five disinterested men, qualified by law to serve as jurors
in the county court, to meet upon the premises on a certain day, of
which six days notice at least shall be given to the party or parties
interested, and the said jurors, when so met, and having each first
taken an oath before some justice of the peace, that he will, without
favour, affection, prejudice 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, taking into consideration the advantages
and disadvantages, if any, and such inquisition and valuation shall
be final and conclusive between the parties respectively; Provided,
that in case the damages or valuation allowed by said inquisition
shall not exceed the allowance which shall have been made by the
commissioners, the party applying for said jury shall pay all costs
incurred by reason of such application. |
Jury may be summoned
when persons
conceive
themselves aggrieved.
Proviso. |
_____
|
|
CHAP. LXIII.
An Act to authorise James Rice and Mary Wolf to dispose of the Land
therein mentioned (a). Lib. TH. No.
1, fol. 66. A Private Act.
(a) Lot No. 29, and part of lot
No. 74, part of Monocacy Manor, in Frederick
county, late the property of William Rice, deceased. |
Passed Jan. 25, 1806. |
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