| 1808.
CHAP. 43.
Proviso. |
LAWS OF MARYLAND.
East Nottingham, the other to commence on the last above-mentioned
road, at or near John Brooke's gate, thence to the public
road leading from the aforesaid Creswell's ferry to Lancaster, at
or near the presbyterian meeting-house, on said road, in as straight
a directed as the nature of the ground will admit, and with as little
injury tot he individuals over whose land the same may pass as
may comport with public convenience; Provided, the said roads
shall not be laid out through the garden, yard, meadow or orchard,
of any person or persons, without his, her or their consent, in
writing, first had and obtained; and a plot of said roads, when so
laid out and confirmed, together with a certificate of the courses of
the same, shall be returned to the clerk's of Cecil county, there
to be recorded. |
Levy authorised
to open said roads. |
3. AND BE IT ENACTED, That when the plot of
said roads shall
have been confirmed and recorded as aforesaid, it shall and may be
lawful for the levy court of said county, to levy upon the assessable
property in said county, a sum of money such as they shall deem
necessary, under all circumstances, and to appoint an overseer or
overseers to open and clear said roads, agreeably to the plots and
certificate aforesaid, who shall give bond in like manner as other
overseers of public roads in said county are directed to give bond,
in like manner as other overseers of public roads in said county
are directed to give bond, and the said roads, when opened and
cleared as aforesaid, shall be, and the same are hereby declared to
be, for ever thereafter, public roads, and shall be kept in repair as
other public roads in said county. |
Allowance to
commissioners. |
4. AND BE IT ENACTED, That the said commissioners
shall be
entitled to receive the sum of two dollars for every day they shall
severally attend to discharge the duties required by this act, which
is hereby directed to be levied, collected and paid, as other county
charges are levied, collected and paid. |
Damages to be
ascertained. |
5. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, shall value and ascertain the damages that may be
sustained by each and every of the persons through whose lands
the said roads may pass, by opening the same, and the damages
so ascertained, or in the event of their being ascertained by a jury,
shall be levied and assessed as other county charges are, and shall
be paid over to the said persons respectively over whose lands the
said roads may pass. |
Persons aggrieved,
may apply to
a justice, who is
authorised to summon
jury. |
6. AND BE IT ENACTED, That if any person or
persons through
whose lands the said roads 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
of said county, of his, her 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
upon a certain day, of which ten 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 some justice of
the peace, that he will, without favour, affection, prejudice or partiality,
assessed the damages sustained by the person or persons at
whose request such inquisition shall be taken, by reason of opening |
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