clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Laws of Maryland 1785-1791
Volume 204, Page 385   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space
                JOHN EAGER HOWARD, Esq; Governor.

    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
land 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 Baltimore
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 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, gardens, meadows or
orchards, unless with the consent of the owner thereof.

1789.

CHAP.
  XXI.

And ascertain
damages, &c.

                                            CHAP. XXII.
                An ACT to ascertain the mode of trial in certain cases.

Passed December
19.
    WHEREAS doubts have been entertained, if a mortal stroke be given
on one shore of this state, and the party stricken die on the other
shore thereof, where and in what manner the party giving such
mortal stroke shall be tried;
Preamble.
    II.  Be it enacted, by the General Assembly of Maryland, That from and after
the end of this session of assembly, if a mortal stroke shall be given within the
body of any county on one shore of this state, and the party so stricken shall die
thereof within a twelvemonth and a day from the time of such stroke given,
within the body of any county on the other shore of this state, the party giving
such mortal stroke, and all aiders, abetters, comforters, and accessaries thereof
and thereto, shall and may be indicted, arraigned and tried, in the general court
of either shore, or by justices of oyer and terminer, sitting either in the county
where the stroke shall be given, or in the county where the death shall happen,
and judgment shall be given, and execution had, in the same manner as if the
stroke and death both happened on the same shore, or in the county where the
said justices of oyer and terminer shall fit.
Where certain
offenders are
to be tried,
&c.
    III.  And, whereas the two shores of this state are divided by the waters of
Chesapeake bay, and in some instances the counties of this state are divided by
the waters or rivers or creeks, which may occasion doubts as to the trials of
homicide in certain cases, Be it enacted, That from and after the end of this
session of assembly, if a mortal stroke shall be given on the said waters of the
Chesapeake, and the party so stricken shall die thereof within a twelvemonth
and a day, or if a mortal stroke shall be given in any part of this state, and the
party so stricken shall die thereof within a twelvemonth and a day on the said
waters of the Chesapeake, in such case the party giving such mortal stroke, and
all aiders, abetters, comforters, and accessaries thereof and thereto, shall and
may be indicted, arraigned and tried, in the general court of either shore, or

 
 

Party giving a
mortal stroke
on the Chesapeake
may be
tried on either

shore, &c.

                                                        G

 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Laws of Maryland 1785-1791
Volume 204, Page 385   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!


[ Archives' Home Page  ||  Maryland Manual On-Line  ||  Reference & Research
||  Search the Archives   ||  Education & Outreach  ||  Archives of Maryland Online ]

Governor     General Assembly    Judiciary     Maryland.Gov

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 02, 2018
Maryland State Archives