| 1807.
CHAP. 61. |
LAWS OF MARYLAND.
court, and be thereafter deemed and taken to be a public road for
ever, and shall be kept in repair in the same manner as other public
roads are directed to be kept in said county. |
Treasurer to be
appointed—subscriptions
to be
paid to him. |
2. AND BE IT ENACTED, That the said commissioners
may appoint
one of their number as treasurer, who is hereby enjoined and
empowered to collect and receive all monies subscribed, or that
may be subscribed, for the purpose of opening and extending the
said road; and such subscribers are hereby directed to pay their
several subscriptions to the treasurer appointed as aforesaid, and if
any person shall neglect or refuse to pay the subscription money,
the said treasurer, or any one of the said commissioners in the
name of the whole, may and is hereby authorised to sue for, recover
and receive, the same; and the said monies, when received,
shall be applied by the said commissioners, or any two of them, to
the purpose of this act. |
Damages to be ascertained.
Proviso. |
3. AND BE IT ENACTED, That the commissioners
aforesaid shall
ascertain and value what damages may be sustained by any person
or persons through whose land the said road may pass, by opening
and extending the same, and the said valuation shall be made before
the said commissioners shall proceed to open and extend the same;
and in case any proprietor or proprietors, or their guardian or trustee,
shall conceive themselves aggrieved by the valuation of the
said commissioners, it shall and may be lawful for any justice of
the peace for Somerset county, on application by any person interested,
to issue his warrant, under his hand and seal, directed to
any constable of the county, commanding him to summon five freeholders,
disinterested as to the said road, to appear on a day by
him to be appointed, on the land of the person making application
as aforesaid; and the said freeholders shall respectively repair to
some magistrate of the said county, and take the following oath,
or affirmation, to wit: " I, A. B. do swear, or solemnly, sincerely
" and truly declare and affirm, that I will honestly and faithfully estimate
" and value the damages and injury sustained by C. D. by
" opening a road through the land of said C. D. in pursuance
" of the directions of this act," and shall return the damages by
them assessed to the said justice of the peace, and the damages so
assessed and returned shall be conclusive; and the party or parties
in whose favour the valuation ascertained by the said commissioners,
or the damages assessed by the said freeholders, shall be made,
shall be entitled to receive the same from the said commissioners;
and the said commissioners shall pay, or secure to be paid, the amount
of the said valuation or damages to the respective parties entitled to
receive the same, out of the monies to be raised and collected from
the subscriptions to the said road, within the space of six months
after the ascertainment of such valuation or damages, and before
they shall proceed to affect the lands and tenements of the person
or persons concerned; Provided, that the said road shall not go
through any house, meadows, gardens or orchards, unless with
the consent of the owner thereof. |
|
_____
|
Passed Jan. 20. 1808. |
CHAP. LXII.
An Act to lay out and make a public Road in Anne-Arundel County.
Lib. TH. No. 1, fol. 372. |
| Preamble. |
WHEREAS it is represented to this general assembly,
by a number
of inhabitants of Anne-Arundel county, that they labour under |
|
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