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THOMAS SIM LEE, Esq; Governor.
ground will admit of, and doing no unnecessary damage to the property
of individuals;
and that Mark Harman, Richard Lilley, and William Winchester, junior,
or any two of them, are hereby appointed commissioners of the road on
the east side of the South Mountain, to continue the said road through
Charlton's
gap towards Baltimore-town, from the east side of the South Mountain, on
a
streight line, the nearest and best that can be had, till it intersects
the road leading
from Frederick-town, to York-town in Pennsylvania. |
1782.
CHAP.
XLI. |
III. And be
it enacted, That at any time after the said commissioners have
laid off and marked the said intended road, they are hereby further empowered
to call on the overseers of the respective hundreds through which the said
road
may run, to warn the inhabitants to attend one day in each month, on such
part
of the said road as the commissioners may direct, until the same be made
complete,
of which eight days notice shall be given; and in case the said overseer
should neglect or refuse so to warn the inhabitants of his hundred, to
pay three
pounds current money for each refusal; and any inhabitant refusing to attend
and
render such service as is required by the overseer of the road, to be fined
seven
shillings and six-pence current money, to be recovered before a single
magistrate. |
To call on overseers,
&c. |
IV. And be it
enacted, That the overseer, having the direction of said road,
shall make a regular return, to the commissioners, of their district, who
are hereby
empowered to give a certificate of the days each person has worked on opening
said road, which certificate shall exempt them from so many days attendance
on
musters, and the lieutenant of the county or field officers of their battalion
shall
receive the same, and excuse them accordingly. |
Overseer to
make a return,
&c. |
V. And be it
enacted, That satisfaction shall be made to every person through
whose land the said road may run, for the damage done to such person by
running
the said road through their land; and if the commissioners and the party
through whose land the said road may run can agree upon the sum to be paid
to
such person, the said commissioners shall have power so to do, and shall
make a
certificate thereof to the justices of the county where the land lies;
and if the
said commissioners and the party damaged cannot agree upon the quantum
of damage,
the said commissioners shall summon three reputable freeholders, who are
in no manner interested in paying any part of such damage, who shall,
on oath,
ascertain the damage sustained by the party by running the said road through
his
land, and shall certify the damage to the said commissioners, who shall
transmit
the same, with certificates by them given as aforesaid, to the justices
of the county
court, which certificate the justices of the county where the land lies
shall
receive, and assess the amount of said damages equally on the inhabitants
of the
different hundreds through which the said road may run, or may receive
advantage
therefrom, and give the person an order on the collector for the same when
collected. |
Satisfaction to
be made, &c. |
VI. And be it
enacted, That the fines arising from the non-compliance of this
act shall be paid into the hands of the commissioners, who are hereby ordered
to
lay out the same on the mountain, and that the said road, when opened,
shall be
and is hereby deemed a public road, and shall be repaired as such from
time to time. |
How fines are
to be paid,
&c. |
VII. And be
it enacted, That the aforesaid commissioners shall have full power
and authority to call on Messieurs Norman Bruce, Benjamin Ogle, and David
Shriver, the supervisors for clearing the roads appointed by an act of
assembly,
entitled, An act relating to public roads, passed March session, seventeen
hundred
and seventy-four, for the money they received to clear a road from the
Catoctin
Mountain through Pipe-creek settlement to Baltimore-town, and apply the
same
to clearing the road over the aforesaid mountain to the York road; and
in case
the money should be more than is necessary to clear the road over the aforesaid
mountain to the York road, then the commissioners shall have full power
to expend
the remainder of the money in continuing the said road towards Baltimore-town;
and if the supervisors have paid the money to the justices of Frederick
county court, or any part thereof into the treasury, in either case the
commissioners |
Commissioners
to call on
supervisors,
&c. |
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