| 1800.
CHAP. 22.
* Ch. 32. |
LAWS OF MARYLAND.
ferry, on Potomac river, and shall cause the same, if confirmed,
to be recorded among the land records of Washington county,
in testimony of the same being established by law, and shall direct
the said commissioners to mark and bound the said road sixty
feet in width, and direct a supervisor or supervisors to clear and
improve the same, in the same manner, and on the same terms, as
directed by the act of seventeen hundred and ninety, * respecting
the public roads in Washington county, and upon completing the
same, it shall be deemed part of the public road leading from Foxe's
Gap, in the South Mountain, to the town of Sharpsburgh, and from
thence to Swearingen's ferry, on Potomac river, and shall be kept
in repair as all other public roads are by law directed to be kept,
any law to the contrary notwithstanding. |
____ may agree for
damages sustained.
Proviso. |
2. AND BE IT ENACTED, That in case the said
levy court shall
ratify and confirm the amendment in the road directed by this act
to be made, they shall be and are hereby authorised and empowered
to agree and contract with the person or persons over whose land
such part of the road, when so amended or altered, may pass, for
the amount of damages thereby sustained, not exceeding the rate
of ten pounds current money per acre; but if such agreement doth
not take place, then the said court shall issue their warrant to the
sheriff of the county, commanding him to summon and return a jury
of twelve good and lawful men of said county, not interested or relating
to the party or parties, to be and appear before some one of
the justices of the said court, on the premises, at a certain day, in the
said warrant to be expressed, which jury, on their oath or affirmation,
as the case may be, to be administered by said justice, shall inquire who
are the owner or owners of the land over which the road so laid out
and ratified shall pass, and whatever damages such owner or owners
will actually suffer from the passage of such 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 said road; and such sheriff shall return the inquisition
of the said jury, under their hands and seals, and attested
by his official signature, to the next levy court to be held for the
county, and the amount of damages therein expressed, if any, shall
be paid by order of the said court out of the monies to be levied as
is by law directed; provided, that the said road shall not be made
to run through any building, enclosed yard, garden or orchard,
without the consent of the owner or owners, nor shall any field in
which grain, hemp, flax, tobacco, or other cultivated vegetables,
are growing, be laid open until after the season for collecting and
securing the crops growing in such fields. |
_____to compensate
commissioners. |
3. AND BE IT ENACTED, That when the commissioners
who
may be appointed under this act shall have discharged all the duties
required of them in virtue of such appointment, the levy court aforesaid
shall order to be paid to the said commissioners respectively,
out of the monies to be levied as by law directed, such reasonable
compensation as to the said court shall seem meet, and the said
commissioners respectively shall thereafter be discharged. |
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