| 1800. |
LAWS OF MARYLAND. |
| CHAP. 20. |
way to intersect the road leading from John Compton's to the
village of Western Port, at or near Matthew Ball's; and the prayer
of the said petitioners being thought reasonable, |
Commissioners appointed
to lay out
road. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
Jesse Tomlinson, Matthew Ball and John Neptune, or any two of
them, be and they are hereby appointed commissioners, to survey
and lay out a road, to be opened at the expense of the petitioners
aforesaid, not exceeding twenty feet in width, in such direction as
they shall conceive will best answer the purpose of this act, from
the said Jesse Tomlinson's to Matthew Ball's; and the said road,
when surveyed, laid out and opened, and the valuation herein after
directed to be made shall have taken place, shall be recorded in
Allegany county levy court, and shall be deemed and taken to be a
public road forever, and shall be kept in repair as other public roads
in said county are kept in repair. |
Damages to be ascertained.
Provision. |
3. AND BE IT ENACTED, That the said commissioners
shall ascertain
and value what damages may be sustained by any person
or persons through whose land the said road shall pass, and the
same, when so assessed, shall be paid, or secured to be paid, by the
said petitioners, before they shall proceed to open the said road;
provided always, that if any person or persons through whose land
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 the said commissioners, or any two of them, to issue their
warrant to the sheriff, to summon five freeholders of the county,
qualified by law to serve as jurors in the county court, to appear,
on a day to be by them appointed, on the premises, and the said
commissioners are hereby authorised to administer an oath, or affirmation,
to every such freeholder, 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
lands; and such freeholders shall thereupon proceed to assess and
value the damages accordingly, of which there shall be ten days
previous notice given to the petitioners, by advertisement, signed
by the commissioners, and set up to public view in at least three
public places in the neighbourhood, and such inquisition and valuation
shall be final and conclusive between the parties; and provided
also, that the said road shall not be opened through the buildings,
gardens, yards or orchards, of any person, without his or her
consent. |
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Passed Dec. 19. |
CHAP. XXI.
An Act for the preservation of the breed of Fish in Great Choptank
River. Lib. JG. No. 3, fol. 386. |
| Preamble. |
WHEREAS it is represented to this general assembly,
by the petition
of sundry inhabitants of Caroline county, that for several years
past a number of people have been in the habit of whipping and
beating the waters of Great Choptank river, for the purpose of driving
the fish, whereby the spawn of said fish is destroyed; in order
to prevent the like improper practices in future; therefore, |
Penalty on persons
whipping the
water. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
if any free person shall whip or beat the water in Great Choptank
river with poles or sticks, or other things, for the purpose of driving |
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