| 1800.
CHAP. 58.
Damages. |
LAWS OF MARYLAND.
8. AND BE IT ENACTED, That whenever any old
road shall be
altered in its breadth or direction as aforesaid, the justices aforesaid
may agree with the persons over whose land such road or
roads may pass for the amount of damages sustained, but if no
agreement be made they shall issue their warrant, directed to the
sheriff of the said county, commanding him to summon and return
a jury of twelve good and lawful men of the said county, not interested
or related to the party or parties, to be and appear before
one of the said justices on the premises, at a certain day in the
said warrant to be expressed, which jury, on their oath or affirmation,
shall inquire who is or are the owner or owners of the land
over which any road or roads so widened or laid out shall pass, and
what damages such owner or owners will actually suffer from the
passage of said road or roads over the said land, the said jury taking
into consideration all conveniencies and inconveniencies, advantages
and disadvantages, if any, arising thereby or therefrom,
by the improvement of said road, and the sheriff shall return the
inquisition of the jury aforesaid, under his hand and seal, to the
next levy court, and the amount of damages therein expresses, if
any, shall be paid by order of the said court out of the monies to be
levied as aforesaid; but no road shall be made to run through any
building, enclosed yard, garden, meadow or orchard, without the
consent of the owner, nor shall any field in which grain, hemp, flax,
tobacco, or other cultivated articles, are growing, be laid open until
after the season for collecting and securing the crop growing in
such field. |
Warrants for supervisors
to be
made out by clerk. |
9. AND BE IT ENACTED, That the warrants shall
be made out
for the supervisors by the clerk of the said county, and by him delivered
to the sheriff of the county within fifteen days after they
shall be ordered by the said court, under the penalty of fifteen dollars
for each warrant so ordered and not delivered by the clerk, and
the like penalty of fifteen dollars for each warrant received by the
sheriff, and not delivered by him within ten days to the supervisor,
to be recovered before a single magistrate, as in the case of small
debts out of court, and applied towards clearing and amending the
public roads. |
| __ penalty for neglect. |
10. AND BE IT ENACTED, That if any of the
said supervisors
shall not sufficiently clear and amend the said public roads within
his district, within a reasonable time after it shall be out of repair,
or shall not straighten the said public roads, as marked and bounded
by the commissioners, or shall suffer any fallen trees, or other
obstruction, to remain in or across any of the said public roads,
whereby any cart or other carriage may be obstructed for two days
together, he having notice thereof, or shall neglect to fall all dead
trees on either side of the said public roads, whose limbs hang over,
and may, by their falling, injure travellers, or lop or cut off all
limbs or branches of trees hanging or projecting over the road
within fifteen feet above the surface thereof, or shall suffer any of
the bridges or causeways to be out of good repair, or otherwise
fail to perform the duties of a supervisor, he shall forfeit and pay
a sum not exceeding twelve dollars for every offence, to be recovered
and applied as aforesaid. |
In certain cases
justices may issue
warrant. |
11. AND BE IT ENACTED, That any of the justices
of the peace
of the said county, who upon his own view, or on the information, |
|
