| NOV. 1809.
CHAP. 93.
Authorised to review
part of the
Joppa road, &c. |
LAWS OF MARYLAND.
3. AND BE IT ENACTED, That the commissioners
herein named
be and they, or a majority of them, are empowered, to review that
part of the Joppa road that leads from Charlesborough until it intersects
the road leading from the upper cross roads to Baltimore,
and to view the ground from the end of the World's-end hill to the
aforesaid Joppa road, and if the commissioners should be of
opinion that a road from the end of the World's-end hill to intersect
the Joppa road near Gittings's orchard, would be of greater
utility to the public than the old Joppa road already opened is, and
should direct the same to be opened, the persons over whose land
the old road doth pass, may be at liberty to shut it up; and the
commissioners aforesaid are directed to return a plot of said road,
when surveyed and laid out, to the clerk's office of Baltimore county
court, there to be recorded; and provided, that the said last mentioned
road shall not pass through the yard, garden, orchard or
meadow, of any person, without his or her consent, in writing, first
had and obtained. |
| Damages to be ascertained. |
4. AND BE IT ENACTED, That the commissioners
aforesaid, or
a majority of them, be and they are hereby authorised and directed,
to ascertain and value what damages may be sustained by any
person or persons through whose lands the said road may pass, by
opening and clearing the same, and the said valuation shall be made
and paid, or secured to be paid, before the commissioners shall
proceed to open and clear the same; and in case any proprietor or
proprietors shall conceive him, her or themselves, aggrieved by the
valuation of the said commissioners, it shall and may be lawful for
the said commissioners, or a majority of them, on the application
of any person interested, to issue their warrant, under their hands
and seals, to the constable of the hundred where such lands may
be, commanding him to summon twelve freeholders, not interested
in the said lands, to appear on a day by them appointed on the said
lands, at which time and place such freeholders, so summoned,
shall respectively appear before the said commissioners, and take
the following oath, to wit: " I, _____, do swear, that I will honestly,
" without prejudice or partiality, value the damages and injury that
" may be sustained by opening a road through the land of _____, in
" pursuance of this act of assembly;" and shall return an inquisition
of such damages, so assessed, to clerk of Baltimore county
" court, and the damages so assessed shall be conclusive. |
Persons benefitted
to pay damages. |
5. AND BE IT ENACTED, That the persons who
may conceive
themselves interested or benefitted by the aforesaid road, are hereby
required to pay, or secure to be paid, into the hands of the commissioners
aforesaid, or some one of them, for the use of the person
or persons in whose favour such valuation may be made, previous
to the laying out and opening the road aforesaid; and in case
of compliance with the provisions of this act, the said road shall be
considered a public highway, and kept up in the same manner as
other public roads in said county. |
| Allowance to commissioners. |
6. AND BE IT ENACTED, That the commissioners
respectively
herein before named shall be entitled to receive two dollars for every
day they shall severally attend to discharge the duties required by
this act, to be paid by the person or persons applying for said road. |
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