| 1806.
CHAP. 88.
Passed Jan. 4, 1807. |
LAWS OF MARYLAND.
CHAP. LXXXVIII.
An Act for the relief of Ephraim Furnis and Littleton Furnis, of
Worcester County. Lib. TH. No. 1, fol. 282. |
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Passed Jan. 4, 1807.
† 1805, ch. 46. |
CHAP. LXXXIX.
A Supplement to the act, † entitled, An act to lay out and
open a Road
from the Pennsylvania line to the Susquehanna Canal,
in Cecil
County. Lib. TH. No. 1, fol. 282. |
| Preamble. |
WHEREAS by the act to which this is a supplement
it is provided,
that the commissioners named therein are empowered to ascertain
and value the damages any person or persons over whose lands
the said road may or will pass, and the valuation so made by the
commissioners aforesaid is final and conclusive, by which law,
some of the persons interested conceive themselves greatly injured,
being deprived of any appeal from said commissioners assessment
and valuation of damages; therefore, |
Persons conceiving
themselves
aggrieved by valuation
of damages,
jury may be
summoned, &c.
Provisos. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
if any person or persons over 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 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 a
justice of the peace, that they will, without favour, affection, partiality
or prejudice, 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 always, that in case the damages or valuation allowed
by said inquisition shall not exceed the allowance which shall
have been made by the commissioners, the party applying for said
jury shall pay all costs incurred by reason of such application, but
if, on the contrary, the damages or valuation allowed by said jury
shall exceed the allowance made by the commissioners, in that case
the original petitioners for said road shall pay all costs incurred
by said jury; And provided also, that before the levy court of said
county shall appropriate any public money towards repairing and
keeping in order the said road, they shall be satisfied of the necessity
and usefulness of the same to the public, and will thereby
be the better enabled to ascertain the proportion of money the said
road may be entitled. |
| Part of an act repealed. |
3. AND BE IT ENACTED, That so much of the
act to which this
is a supplement as is contrary to, or inconsistent with, the provisions
of this act, be and the same is hereby repealed. |
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