| 1808.
CHAP. 120. |
LAWS OF MARYLAND.
Crow's mill, on Patuxent river, to intersect the road leading from
Montgomery county court-house to the city of Baltimore, at the
widow Pue's lane, near Ely Davis's; that nearly all the proprietors
of the land through which the said road is intended to pass,
are desirous that the said road should be made at the distance, being
about eight miles, and have prayed that a road might be laid out
and opened, of the width of forty feet, at the expense of those who
are willing to contribute thereto; and the general assembly apprehending
the prayer of the petitioners reasonable, therefore, |
Commissioners appointed
to lay out
and open a road. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
Henry Griffith, Brice Gassaway and Thomas Worthington, of
Nicholas, are hereby appointed commissioners, and they, or any
two of them, are hereby authorised to survey, lay out and open, a
road, at the expense and proper cost of them who are willing to
contribute the same, forty feet wide, from a point which may
be most convenient to cross Patuxent river near John Crow's mill,
to intersect the road leading from Montgomery county court-house
to the city of Baltimore, at the widow Pue's lane, and near Ely
Davis's; and the said road, when so surveyed, laid out and opened,
and the valuation herein after directed to be made shall have taken
place, shall be recorded in Anne-Arundel county court, and shall
be deemed and taken to be a public road for ever thereafter, and
kept in repair as other public roads are in said county. |
Damages to be ascertained.
Proviso. |
3. AND BE IT ENACTED, That the said commissioners
shall ascertain
and value what damages may be sustained by any person
or persons through whose land the said road shall pass, and the
same, when so assessed, shall be paid, or secured to be paid, by
the contributors, 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 shall 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 said commissioners, or any
two of them, to issue their warrant to the sheriff of the county
aforesaid, commanding him to summon twelve freeholders in the
county aforesaid, and not interested in the premises, and qualified
to serve as jurors in the county court, to appear on a day by them
to be appointed, on the premises; and the said commissioners, or
any one of them, are hereby authorised to administer an oath, or
affirmation, as the case may be, to every person so summoned, that
he will, without favour, affection, partiality or prejudice, assess
the damages sustained by the person or persons at whose request
such inquisition shall be taken and, by reason of opening the aforesaid
road through his, her or their land, and the persons so summoned
and so qualified, shall thereupon proceed to assess and value the
damages accordingly, of which the said commissioners, or some
one of them, shall have given at least five days notice, and such
inquisition shall be final and conclusive between the parties; and
in assessing the damages the jury shall take into consideration the
conveniencies and inconveniencies, the advantages and disadvantages,
if any, arising to the proprietors of the land over which the
said road may pass. |
Not to go through
any building, &c. |
4. AND BE IT ENACTED, That the said commissioners
shall not
open the aforesaid road through any building, garden, orchard or |
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