| 1806.
CHAP. 54. |
LAWS OF MARYLAND.
duties imposed by this act, and cause the same to be collected and
paid over to the persons entitled to the same, as contemplated by
this act. |
Jury may be summoned
when persons
conceive
themselves aggrieved.
Proviso. |
4. AND BE IT ENACTED, That if any person or
persons through
whose land the said road shall pass, or his, her or their guardian
or trustee, shall conceive himself, herself or 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, 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
twelve 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; Provided, that the said road shall not
be
opened through the buildings, gardens, yards, meadows or orchards,
of any person, without his, her or their consent. |
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Passed Jan. 3, 1807. |
CHAP. LV.
An Act concerning the Chancery Court. Lib. No. 1, fol.
251.
A Supplement, 1811, ch. 189. |
Chief judge of
third judicial district
to hear and
determine certain
suits. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
in any suit in the chancery court in which the chancellor for the
time being may have been counsel (a), or have given his opinion,
and on that account may conceive that he cannot conscientiously
act thereon, and shall so certify in writing, the same shall be heard
and determined by the chief judge of the third judicial district, or
by the court thereof, at the election of the complainant (b), and all
interlocutory and other orders in such cases shall be made by the
said chief judge, which determinations and orders shall have the
same effect as if made by the chancellor, and such decree shall be
subject to appeal in like manner.
(a) See 1805, ch. 65, s. 19.
(b) The same advantages
given to the respondent by 1811, ch. 189. |
Chancellor may
require his opinion
on any point of
law, &c.
Proviso. |
2. AND BE IT ENACTED, That the chancellor
may require the
opinion of the chief judge of the said district on any question of
law which may arise in any suit in chancery, and in which, according
to the usual practice, such opinion may be thought necessary;
and that it shall be the duty of the said chief judge to express, in
writing, such opinion; Provided, that in case of such opinion being
given, or in the case of any decree or order made by the said chief
judge, or by the court, he being sitting therein, the said chief judge
shall withdraw from the bench upon the deciding of the same case
before the court of appeals. |
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