| NOV. 1809.
CHAP. 122. |
LAWS OF MARYLAND.
and the said road, when opened and recorded as aforesaid, and
the valuation herein after directed to be made shall have been
paid, or secured to be paid, and the said commissioners, or a majority
of them, shall have certified that the said road is in a condition
to be received as a public road, shall for ever thereafter be
deemed a public highway, and kept in repair as other public roads
in the said county. |
Vacancies, how to
be supplied. |
3. AND BE IT ENACTED, That in case of death,
resignation, or
refusal to act, of any of the commissioners aforesaid, the remaining
commissioners, or a majority of them, shall and they are hereby
authorised and directed to fill up such vacancy or vacancies. |
Damages to be ascertained.
Provisos. |
4. AND BE IT ENACTED, That the commissioners
aforesaid, or
a majority of them, shall ascertain and value, if required, what
damages may be sustained by any person or persons over whose
land the said road may pass by opening the same, and the valuation
shall be made, and the amount thereof paid as aforesaid to
the parties respectively interested, before the said commissioners,
or a majority of them, shall proceed to open the said road; Provided
always, that if any person or persons through whose land the
said road may pass, or his, her or their guardian or trustee, shall
conceive themselves aggrieved by such valuation and assessment
of damages by the said commissioners, or a majority of them, it
shall and may be lawful for any justice of the county in which the
land lies, on application of the party interested, or his, her or
their guardian or trustee, to issue his warrant, under his hand and
seal, directed to any constable of the county, commanding him to
summon five freeholders, who do not hold lands through which the
said road may pass, to appear on a day by the said justice to be
appointed, on the land of the person or persons making application
as aforesaid, or for whose benefit such application shall be made;
and the said freeholders, having first made oath before said justice
of the peace, that they will, without favour, affection or partiality,
assess the damages sustained by the person or persons at whose request,
or for whose benefit, such inquisition shall be taken, by reason
of opening the aforesaid 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 of them, 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; Provided always, that no
road shall be carried or conducted through any yard, garden or
orchard, against the will or consent of the owner, nor shall any
field in which grain is growing be laid open until the crop is ripe
and may be taken away. |
| Allowance to commissioners. |
5. AND BE IT ENACTED, That the said commissioners
as aforesaid
shall be allowed eleven shillings and three-pence for every day
they shall be employed in discharge of their duty under this act,
to be paid in the same manner as the amount of the valuation
herein before directed to be made. |
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