| 1789.
CHAP.
XII. |
LAWS of MARYLAND.
Charles county, to Leonard-town, in Saint-Mary's county, which lies
between
Allen's-Fresh and Pile's Creek, is become almost impassable for carriages,
on
account of its passing over hilly and broken grounds, which render it extremely
difficult to keep the said road in repair, and that the same may be
much amended
by changing the course thereof; and praying an act may pass empowering
the
justices of Charles county court to appoint commissioners to view and amend
the
same; and it appearing reasonable to this general assembly that the prayer
of the
petitioners should be granted; therefore, |
Justices to appoint
commissioners,
&c. |
II. Be it enacted,
by the General Assembly of Maryland, That the justices of
Charles county court be and they are hereby authorised and empowered to
appoint
three commissioners, for the purpose of reviewing and amending that part
of the
public road leading from Port-Tobacco, in Charles county, to Leonard-town,
in Saint-Mary's county, which lies between Allen's-Fresh and Pile's Creek;
and
that the said commissioners, or any two of them, be and they are hereby
authorised
and directed to alter the course of the said road, and amend the same,
by
carrying it over such grounds as they shall think will render the same
of more
public utility. |
Who are to
ascertain damages,
&c. |
III. 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 Charles county,
on application by any person interested, to issue his warrant under hand
and seal,
directed to any constable of the 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. 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 justices of Charles county court,
and
the damages so assessed and returned shall be conclusive. |
To be assessed
on property,
&c. |
IV. And be it
enacted, That the justices aforesaid, at their next levy court,
shall levy, on the assessable property of the inhabitants of said county,
the sum so
adjudged by the commissioners or freeholders aforesaid to be the damages
sustained
by the person or persons through whose lands the said road shall run,
and
such sum, when collected, shall be paid by the said justices to the person
or
persons sustaining such damages; 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. XIII.
An ACT for the relief of Benjamin Rogers. |
| Preamble. |
WHEREAS it appears to this general assembly, that
Benjamin Rogers,
of Baltimore county, some time in or about the year of our Lord
one thousand seven hundred and seventy, contracted with the commissioners
of the late proprietary for the purchase of a part of the reserved lands
in Baltimore county, at the price of twenty pounds for each hundred
acres,
and so pro rata: And whereas it further appears, that under
the said contract
patents were granted to the said Benjamin for sixteen hundred and ten acres
of
the said reserved land, and that upon a settlement between him and the
said
commissioners, there remained due to the said Benjamin one hundred and
forty-three
and a half acres, with which he was charged, and for which no patent
hath yet issued; and that the sid Benjamin also hath overpaid, and left
in the |
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