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ROBERT WRIGHT, ESQUIRE, GOVERNOR.
of all circumstances, may reject or confirm the said report,
and may direct the said commissioners to alter and amend the said
plots, confining the said road to the points above mentioned, and
when so amended, are hereby ordered to confirm the same, and
when so confirmed., shall cause the same to be recorded among the
land records of the said county, in testimony of the same being established
by law as a public road, and shall direct the said commissioners
to mark and bound the said road, as confirmed by the
said court, and direct a supervisor or supervisors to clear and improve
the same, in the same manner, and on the same terms, as
other public roads in the said county are by law directed to be
cleared and improved, and upon completing the same, the said road
shall be deemed a public road, and shall be kept in repair as other
public roads in the aforesaid county are by law directed to be kept. |
1806.
CHAP. 46. |
3. AND BE IT ENACTED, That upon the said levy
court confirming
the said road, they shall be and are hereby authorised and empowered,
to agree and contract with the person or persons over
whose lands the said road may be laid out, for the amount of damages
thereby sustained, not exceeding the rate of ten pounds per
acre; but if such agreement should not take place, then the said
court may issue their warrant, directed to the sheriff of said county,
commanding him to summon and return a jury of twelve good
and lawful men of the said county, not interested or related to the
party or parties concerned, to be and appear before some one of
the justices of the said county, on the premises, at a certain day in
the said warrant to be expressed, which jury, on their oaths or
affirmation, as the case may be, to be administered by the said justice,
shall inquire who are the owner or owners over whose land
the said road, so laid out and ratified, shall pass, and what damage
such owner or owners will actually suffer from the passage of the
said road over the said land, the said jury taking into consideration
all conveniencies and inconveniencies, advantages and disadvantages,
if any, arising from the opening and improving the said road;
and such sheriff shall return the inquisition of the said jury, under
their hands and seals, and attested under his official signature, to
the next levy court to be held for the said county, and the amount of
damages therein expressed, if any, shall be paid by order of said
court, out of the monies to be levied as is herein after directed;
Provided, that if the said road shall run on the bed of any old
road
heretofore laid out, and now in use, such person or persons through
whose land the said old road now passes, shall not be entitled to
receive any compensation for damages herein before directed to be
paid; Provided also, that the said road shall not pass through any
enclosed yard, garden, orchard or meadow, without the consent of
the owner, nor shall any field in which grain, hemp, flax or tobacco,
or other cultivated vegetables are growing, be laid open until
after the season for collecting and securing the crops growing on
such field. |
Court may agree
for damages sustained,
&c.
Provisos. |
4. AND BE IT ENACTED, That the levy court
of said county, at
the time of levying the next levy for said county, shall levy, on
the assessable property of said county, such sum or sums of money
as they may deem necessary for the purpose of surveying, opening
and clearing, the said road, and the payments of the damages to
the owners of lands through which the said road shall pass, and |
Levy for opening
said road. |
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