| 1789
CHAP.
VII. |
LAWS of MARYLAND.
not more than forty feet wide, to continue in and follow the old road
until it
reaches the east side of Richard Elder's land, and then to run a north-east
course
to Tom's Creek, by Hughes's merchant mill, and to continue the most direct
course through Emmittsburgh, and from thence, by Tom's Creek meeting-house,
to intersect the temporary or state line in the direction to Carlisle;
and the said
road, when so laid out, and opened and cleared 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 be paid,
to the individuals
concerned, shall be recorded among the records of Frederick county court,
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
said county. |
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
county, in application by any person interested, to issue his warrant,
under hand
and seal, directed to any constable of said county, 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 the said
county, and take
the following oath, or affirmation, to wit: " I, A. B. fo 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. |
|
CHAP. VIII.
An ACT to regulate the assize of bread. |
Justices to appoint
assessors,
&c. |
BE it enacted,
by the General Assembly of Maryland, That it shall and may
be lawful for the justices of the peace in any county within this state,
at
the next or any succeeding session of their courts, to be holden after
the
first day of January next, to appoint three assessors residing in any city
or town
within their respective counties, wherein the regulations intended by this
act may |
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