| 1808.
CHAP. 77.
Proviso. |
LAWS OF MARYLAND.
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 had 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 commissioners 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 or owners thereof, nor shall the said road
be laid out or opened through any field in which grain, hemp, flax,
tobacco, or other cultivated vegetables, shall be growing, until after
the season for collecting and securing the crop. |
Road not to be
deemed public unless
of a proper
width. |
4. AND BE IT ENACTED, That the said road,
when laid out,
opened, and returned to the clerks of Prince-George's and Montgomery
county courts as aforesaid, shall not be deemed to be a
public road, to be kept in repair at the expense of the counties,
unless the said road shall have been opened, cleared and improved,
and made a good and sufficient road, of a proper width, and so
certified to be by the commissioners aforesaid, or a majority of
them. |
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Passed Dec. 24. |
CHAP. LXXVIII.
An Act to prevent Persons from staking out Seines across the River
Wicomico, in Somerset County.
Lib. TH. No. 2, fol. 69. |
Penalty for staking
out seines, &c. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
if any person or persons, after the passage of this act, shall stake
out or fix any seine across the river Wicomico, in Somerset
county, or aid and assist therein, by which fish may be
obstructed in going up or coming down said river, every such person
or persons, so offending, shall forfeit and pay the sum of twenty
dollars for every such offence, one half of which sum shall be
given to the informer, and the other half thereof to be paid to the
sheriff of the county where the recovery shall be had, to be by
him paid and accounted for to the justices of the levy court of said
county, and by them applied towards defraying the public charges
of said county, to be recovered by action of debt, bill, plaint or
information, with full costs of suit, in any county court of this
state where such offender or offenders shall be apprehended or reside. |
And on slaves offending,
&c. |
2. AND BE IT ENACTED, That if any slave shall
fix any seine
or seines across said river, by which fish may be obstructed as
aforesaid, such slave shall be punished for such offence, on conviction
thereof before any justice of the peace, by the oath or one or
more credible witness or witnesses, by whipping on his back, in the |
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