| 1806.
CHAP. 36.
Plot of the same
to be made, and
damages ascertained.
Proviso. |
LAWS OF MARYLAND.
3. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, be and they are hereby directed and required to make,
or cause to be made, a plot of said road, when surveyed as aforesaid,
and to ascertain and assess the damages that may be sustained
by any person or persons through whose lands the same shall
pass, and shall make return of said plot, together with a certificate
of the courses of the said road, and their estimate of damages
as aforesaid, to the clerk of Cecil county, to be recorded among
the land records of the said county; and when the same shall have
been returned, and the expense, with the amount of damages so as
mentioned, shall have been paid or secured to be paid, by the
aforesaid proprietors of the French-town and New-Castle water and
land stages, the same shall for ever thereafter be deemed a public
highway, and shall be kept in repair by the aforesaid proprietors
of the French-town and New Castle water and land stages; Provided
always, that if any person or persons through whose lands 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 Cecil, on application
of the party interested, to issue his warrant, under hand and seal,
directed to the sheriff of the county, commanding him to summon
twelve freeholders, disinterested as to the said road, and qualified
to serve as jurors in the county court, to appear, on a day to be
appointed by said magistrate, on the land of the person or persons
making application as aforesaid; and the said freeholders, having
first made an oath before some justice of the peace, that the 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, and
three or more of the petitioners, shall have at least five days previous
notice, and shall return the amount of the damages assessed
to the said justice of the peace, and such inquisition and valuation
shall be final and conclusive. |
