| 1789.
CHAP.
II. |
LAWS of MARYLAND.
the expence of the subscribers of the said petition, a waggon road,
in the most
convenient direction, not exceeding thirty-three feet wide from or near
Christian
Bower's mill, on Big Pipe Creek, in Frederick county, by Ox Moor's mills,
on
Patapsco falls, to intersect the great public road leading from Westminster-town
to Baltimore; and the said road, when so laid out and opened, and cleared
and
completed at the expence of the said subscribers, and after the valuation
herein
after directed to be made, or the damages hereby directed to be assessed,
shall
be paid or secured to the individuals concerned, shall be recorded among
the
records of Frederick and Baltimore county courts, and be thereafter deemed
and
taken to be a public road for ever, and shall be kept in repair in the
same manner
as other public roads are directed to be kept in such respective counties. |
Who may appoint
a treasurer,
&c. |
III. And be
it enacted, That the said commissioners may appoint one of their
number as treasurer, who is hereby enjoined and empowered to collect and
receive
all monies subscribed, or that may be subscribed, for the purpose of laying
out
and clearing the said road, and such subscribers are hereby directed to
pay their
several subscriptions to the treasurer appointed as aforesaid; and if any
person
shall neglect or refuse to pay his subscription money, the said treasurer,
or any
of the said commissioners in the name of the whole, may and is hereby authorised
to sue for, recover, and receive the same; and the said monies, when
received,
shall be applied by the said commissioners, or any two of them, to the
purposes of this act. |
And ascertain
damages, &c. |
IV. And be it
enacted, That the commissioners aforesaid shall 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 before the said commissioners shall proceed to
open and
clear the same; and in case any proprietor or proprietors, or their
guardian or
trustee, shall conceive themselves aggrieved by the valuation of the said
commissioners,
it shall and may be lawful for any justice of the peace for Frederick
or Baltimore counties, as the case may be, on application by any person
interested,
to issue his warrant under hand and seal, directed to any constable
of the county,
as the case may be, commanding him to summon five freeholders, disinterested
as to the said road, to appear on a day by him to be appointed on the land
of
the person making application as aforesaid, and the said freeholders shall
respectively
repair to some magistrate of one of the said counties, as the case may
be, and take the following oath or affirmation, to wit: " I, A. B.
do swear, or
solemnly, sincerely and truly declare and affirm, that I will honestly
and faithfully
estimate and value the damage and injury sustained by C. D. by opening
a road through the land of the said C. D. in pursuance of the directions
of this
act;" and shall return the damages by them assessed to the said justice
of the
peace, and the damages so assessed and returned shall be conclusive; and
the
party or parties in whose favour the valuation ascertained by the said
commissioners,
or the damages assessed by the said freeholders, shall be made, shall be
entitled to receive the same from the said commissioners, and the said
commissioners
shall pay, or secure to be paid, the amount of the said valuation or damages
to the respective parties entitled to receive the same, out of the monies
to be raised and collected from the subscriptions to the said road, within
the space
of six months after the ascertainment of such valuation or damages, and
before
they shall proceed to affect the lands and tenements of the person or persons
concerned; provided, that the said road shall not go through any houses,
garden,
meadow or orchard, unless with the consent of the owner thereof. |
Passed December
19. |
CHAP. III.
An ACT for the benefit of Barbara Hall. |
| Preamble. |
WHEREAS it hath been represented to this general
assembly, by the
petition of Barbara Hall, of Washington county, widow of Thomas
Henry Hall, late of the said county, deceased, that the said Thomas
Henry Hall did, by his last will and testament, bearing date the fifth
day of
November, anno domini one thousand seven hundred and eighty-eight,
appoint |
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