|
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
|
 |
