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ROBERT WRIGHT, ESQUIRE, GOVERNOR.
road in or near Westminster; and the said commissioners shall
make a plot of the road so as aforesaid directed to be laid out and
opened, and return the same to the clerk of Frederick county court,
to be recorded among the land records of said county; and the said
road, when so laid out and opened at the expense of the petitioner,
or others interested, and the valuation herein after directed shall be
paid, or secured to be paid, to the individuals concerned, shall be
thereafter deemed 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. |
1807.
CHAP. 80. |
3. AND BE IT ENACTED, That in case of death,
resignation, disqualification,
or refusal to act, of any of the commissioners aforesaid,
the remaining commissioners, or a majority of them, shall
and they are hereby authorised and directed to fill up such vacancy
or vacancies. |
How vacancies
are to be filled. |
4. AND BE IT ENACTED, That the commissioners
aforesaid, or
a majority of them, shall ascertain and value, if required, what
damages may be sustained by any person or persons over whose
lands the said road may pass, by opening the same, and the valuation
shall be made before the said commissioners shall proceed to
open the said road; Provided always, that if any person or persons
through whose land the said road may 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 any justice of the peace of said county,
on application of the party interested, or his, her or their guardian
or trustee, to issue his warrant, under his hand and seal, directed to
any constable of the county, commanding him to summon twelve
freeholders, uninterested in the opening of said road, to appear on
a day by the said justice to be appointed, on the land of the
person
or persons making application as aforesaid, or for whose benefit
such application shall be made; and the said freeholders, having
first made oath before said justice of the peace, that they will, without
favour, affection or partiality, assess the damages sustained by
the person or persons at whose request, or for whose benefit, 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, of which the said commissioners,
or a majority, shall have at least five days notice, and shall return
the damages so assessed to the said justice of the peace, and such
inquisition and valuation shall be final and conclusive; and the party
or parties in whose favour the valuation ascertained by the said
commissioners, or a majority of them; and the said commissioner
shall pay, or secure the same to be paid, within the space of six
months after the assessment of such valuation or damages, and before
they shall proceed to affect the lands and tenements of the person
or persons concerned; and upon the payment of the money, or
securing the same to be paid, to the person or persons through
whose land the said road is intended to pass, the said commissioners
may open the said road through such person or persons land; Provided,
that the said road shall not pass through any house, yard,
garden, meadow or orchard, unless with the consent of the owner |
Damages to be ascertained.
Provisos.
Proviso. |
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