| 1806.
CHAP. 78.
Commissioners
appointed to lay
out and open a
road. |
LAWS OF MARYLAND.
2. BE IT ENACTED, by the General Assembly
of Maryland, That
John Hosslebaugh, Nathan Stevenson and Daniel Evans, be and
they are hereby appointed commissioners to survey, lay out, clear
and open, at the expense of those persons who shall conceive themselves
benefitted thereby, a road not exceeding thirty feet in width,
beginning at the angle of the Reister's-town turnpike road, near
the seat of Edward Johnson, in the nearest and best direction to
Isaac Green's mill, upon Jones's Falls, thence with said Green's
present road to intersect the Falls turnpike road, and thence by the
nearest and best route to the York turnpike road, at or near the
residence of Rosseter Scott. |
Who may contract
with proprietors
for land
over which it may
pass.
Provisos. |
3. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, are hereby empowered to contract with the proprietor
or proprietors of the land over which the said road may pass,
and in case they cannot agree, then and in that case the said commissioners,
or a majority of them, shall forthwith issue a warrant,
under their hands, and directed to the sheriff of the said county,
commanding him to summon twelve good and lawful men of the
county, not interested in the land, or connected with the parties, to
be and appear on the premises, on a certain day by him to be appointed,
and in case the number of twelve shall not attend, the said
sheriff shall summon other persons, qualified as aforesaid, until that
number do attend, and the said sheriff shall then and there empannel
the jury, and administer to them the following oath, or affirmation,
as the case may require, to wit: " I, _____ ______, do swear,
" (or affirm), that I will well and truly, without favour, affection,
" prejudice or partiality, ascertain the damages that will be sustained
" by the proprietor or proprietors of the land, in consequence
" of the passage of a road laid out in virtue of this act, according
" to the best of my judgment; so help me God;" and the contracts
by the commissioners, or inquisition of the jury, as the case may
be, together with a plain plot of the said road, and a certificate of
the courses of the same, shall be returned to the clerk fo the county
court, to be there recorded, and on the payment of the sum or
sums od money contracted for, or ascertained and aforesaid, the proprietor
or proprietors aforesaid, the said road shall pass,
and upon payment or tender of such damages by any person or
persons to the proprietor or proprietors aforesaid, the said road
shall be recorded among the records of Baltimore county court,
and be hereafter deemed and taken to be a public road forever,
and shall be kept in repair as other public roads in said county are
directed to be kept; Provided, that if the said road shall run on
the
bed of any public road heretofore laid out, and now in use, such person
or persons through whose lands the said public 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 or owners. |
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