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William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 660   View pdf image (33K)
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    1806.

CHAP. 35.

                                LAWS OF MARYLAND.

and other circumstances, will admit, until it intersects a new road
leading or passing by Solomon Richardson's dwelling house, in
Caroline county; therefore,

Commissioners
appointed to survey
and lay out a 
road.
    2.  BE IT ENACTED, by the General (a) of Maryland, That Sethnell
Evitt, William Summers, Abraham Evitt, James Keene
and Joseph Anthony, or any three of them, be and they are hereby
appointed commissioners, to survey, lay out, open and clear, at the
expense of the petitioners, or any part of them particularly interested
therein, a road, not exceeding thirty feet in width, to commence
at or near a red house, the property of Daniel Swiggot, on
the main road leading from the Three Bridges to Collin's Cross
Roads, and to run in the best and straightest direction that the nature
of the ground, and other circumstances will admit, until it intersects
a new road leading from, or passing by, Solomon Richardson's
dwelling-house, in Caroline county; and the road so opened
at the expense of the petitioners as aforesaid, and the valuation
herein after directed to be made shall be paid, or secured to be
paid, to the individuals concerned, shall be recorded among the records
of Caroline county court, and thereafter deemed and taken
to be a public road for ever, and shall be kept in repair in the same
manner as other public roads in said county.

            (a)  The word Assembly omitted in the engrossed law and record.

Treasurer to be
appointed—his
duty.
    3.  AND BE IT ENACTED, That the said commissioners may appoint
one of their number as treasurer, and give him a certificate,
under their hands, of his appointment, who is hereby enjoined
and empowered to collect and receive all monies subscribed, or that
may be subscribed, for the purpose of opening the said road, and
such subscribers are hereby directed to pay their several subscriptions
to the treasurer appointed as aforesaid; and if any person
shall neglect or refuse, when applied to by the aforesaid treasurer,
to pay his subscription money, the said treasurer may and he is
hereby authorised to sue for, recover and receive the same; and the
said monies, when received, shall be applied by the commissioners,
or any three of them, to the purpose of this act.
Damages to be ascertained.
 
 
 

Provisos.

    4.  AND BE IT ENACTED, That the commissioners aforesaid shall
ascertain and value what damages may be sustained by any person
or persons through whose lands the said road may pass, by opening
the same, and the said valuation shall be made before the said commissioners
shall proceed to open the same; Provided always, that
if any person or persons through whose land the said road shall
pass, or his, her or their guardian or trustee, shall conceive themselves
aggrieved by such valuation and assessment of damages by
the said commissioners, it shall and may be lawful for any justice
of the peace of the said county of Caroline, on application of the
party interested, to issue his warrant, under hand and seal, directed
to any constable of the county, commanding him to summon
any five freeholders, disinterested as to the said road, to appear, on
a day by him to be appointed, on the land of the person making application
as aforesaid, and the said freeholders, having first made
oath before some justice of the peace, that they 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, of which the said commissioners shall have at least


 
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William Kilty et. al., (eds).The Laws of Maryland from the End of the Year 1799,...
Volume 192, Page 660   View pdf image (33K)   << PREVIOUS  NEXT >>


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