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WILLIAM SMALLWOOD, Esq; Governor.
reason of such road passing through such land, and the said sheriff
shall return
the inquest of the jury, under his and their hands and seals, to the commissioners
aforesaid. |
1787.
CHAP.
XXIII. |
X. And be it
enacted, If any of the said roads shall pass through any building,
orchard, garden or yard, with the consent of the owner, the said commissioners
may allow him such compensation as they think reasonable. |
And make
compensation,
&c. |
XI. And be it
enacted, That if any of the said roads shall run or pass through
any fields or grounds in actual cultivation, such fields or grounds hall
not be laid
open or used as public roads till after the usual time of taking off the
crops then
growing thereon. |
Provision in
case roads pass
through fields,
&c. |
XII. And be
it enacted, That if any person shall presume to alter or change,
or in any manner obstruct or encroach on the said public road or highway,
or
any part thereof, or to cut down or destroy, deface or injure, any post
or stone
set up on the said road or highway, or to put or place any rubbish, dirt,
logs,
stones, or any other obstruction in the said highway or road, or to
make any pits
or holes therein, or to cut down any tree growing thereon, such person,
being
thereof convicted in the general, or any county court, shall be fined or
imprisoned,
or both, in the discretion of the court, according to the nature of the
offence; and any justice of the peace, or sheriff, of Baltimore county,
on notice
of any obstruction or nuisance on the said road, shall and he is hereby
authorised
and required to remove, or cause the same to be removed, and to restore
the said
road to its proper state and condition, and shall charge the expence thereof
to his
county, and shall be allowed therefor in the next county assessment. |
Persons altering
the roads
may be fined,
&c. |
XIII. And be
it enacted, That it shall and may be lawful for the commissioners
appointed to survey and make the roads aforesaid, or any person by their
authority,
to take and carry away any stones lying on any lands adjoining any of the
said roads to make and repair the same, and also any rubbish, or smallest
broken
stones of any quarry (ready digged by the owner) on any land adjoining
the road
for which the same may be wanted to make or repair the same, without the
leave
of the owner, or making him any compensation therefor; and it shall also
be
lawful for the said commissioners, or any person by them authorised, to
cut down
any trees, (not fit for timber) or dig pits, not in any way in breadth
or length
above ten yards over at the most, for gravel, on any land adjoining any
of the
said roads, not being in any orchard, meadow, garden or yard, to make or
repair
the said roads, and shall pay the owner the value of such wood or gravel;
and
the said commissioners, if required, shall cause any pit, digged as aforesaid,
to be
filled up within one month after request. |
Commissioners
may carry
away stones,
&c. |
XIV. And be
it enacted, That if any person shall fell a tree into any of the
said public roads, or into any stream of water, whereon there shall be
any public
bridge built in virtue of this act, and shall not remove the same within
forty-eight
hours, or shall kill a tree within the distance of fifty feet from any
of the
said roads, such act shall be deemed a nuisance, and every free man so
offending,
or the parent, master or owner of every child, apprentice, servant or slave,
so
offending, with his or her knowledge, shall forfeit and pay five pounds
current
money for every such offence; and if any fence shall be made across any
of the said
public roads, the owner or tenant of the land from whence such fence shall
be
made, shall pay ten shillings for every twenty-four hours the same shall
be
continued. |
Penalty on
person felling
trees, &c. |
XV. And be it
enacted, That after the said roads, or any part of them, shall
be made and completed, and shall be so declared by the said commissioners
of review,
they shall annually appoint some fit and proper person to be surveyor of
each of the said roads for one year, who shall, every four months, during
his
being surveyor, take a view of the road for which he shall be appointed,
and of
the bridges thereon, and shall make a return to the said commissioners
in writing
under his hand, on oath or affirmation, in what state and condition he
finds the |
Commissioners
to appoint
surveyors, &c. |
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