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JOHN EAGER HOWARD, Esquire, Governor.
width of sixty feet, and in as direct and advantageous a manner as the
nature of
the grounds, and legal restrictions, will admit of, and, without delay,
shall execute,
sign and seal, plain plots of the same, with explicit explanations
thereof,
and such plots and explanations shall return to the justices of the
said several
counties at or before the several courts to be held next after the
first day of March
next; and if the justices in court sitting, or a majority of them,
shall approve
such surveys, plots and explanations, the same shall be recorded among
the land
records of the county wherein the roads shall lie, in testimony of
the same being
established by law, but if the same be disapproved, the commissioners
shall resurvey,
and make such alterations and improvements therein as the said justices
shall require, and upon the same being amended, returned and approved,
the same
shall be recorded as aforesaid. |
1790.
CHAP.
XXXII |
VI. And be it
enacted, That in case of the death, resignation, disqualification,
or refusal to act, of any of the commissioners aforesaid, (except for
Baltimore
county) the justices of the court of the county or counties where such
vacancy
or vacancies shall happen, in court sitting, may make other appointments
to
fill such vacancy or vacancies; and if such vacancy or vacancies shall
happen
during the recess of any court, then the senior justice of the county,
with two
other justices of the same county, shall have power to make such re-appointments,
and such re-appointments shall be made from time to time as often as
occasions
shall require, until each and every of the said roads shall be surveyed,
plotted, returned and recorded, as aforesaid; and after the return
of any road as
aforesaid shall be made and approved according to this act, the justices
of the
courts respectively shall order to be paid to the said commissioners,
out of the
monies to be levied as aforesaid, such reasonable compensations as
to them
shall seem meet, and the said commissioners respectively shall thereafter
be dismissed:
And, for the effectual clearing, grubbing and forming, the roads of
the
width aforesaid, the justices of all the counties aforesaid, (except
Baltimore) are
hereby empowered to appoint, at their next courts respectively, one
supervisor for
each county, to superintend, direct and contract for, the execution
of the same
in the most effectual, economical, and expeditious manner; and each
and every
of the supervisors so appointed, shall give bond with sufficient security,
to be approved
by the courts respectively, in a penalty of at least double the estimated
amount of one year's assessment for the said road or roads, in the
county in which
he shall be appointed, for the faithful discharge of his trust, and
such appointments
or re-appointments shall be made, and bonds as aforesaid shall be annually
renewed, at the courts in which the monies aforesaid are to be levied,
and the supervisors
for the terms preceding shall respectively lay before every such court,
to
wit, the last court in each year, just and true accounts upon oath,
or all receipts
and expenditures of monies by them received and expended in virtue
of
their appointments, and shall pay the balances, if any, to their successors,
if superseded
or displaced; and the said supervisors shall respectively be allowed
at the
rate of five per centum upon the sums of money by them severally
received and
expended n the execution of this law. |
How vacancies
are to be
filled, &c. |
VII. And be
it enacted, That the monies to be levied in virtue of this law in
any of the aforesaid counties wherein there are two or more roads,
shall, upon a
due estimate thereof at the time of making the levy, be appropriated
in equitable
proportions by the justices of the courts respectively to the aforesaid
several roads,
and it shall be the duty of each and every of the supervisors aforesaid,
to apply
the same accordingly, and to render separate and distinct accounts
upon oath, of
the expences of each and every road, as vouchers to their respective
accounts current
with the said counties. |
Monies to be
levied to be equitably
appropriated,
&c. |
VIII. And,
whereas the streightening and widening the old and making the new
roads, may cause damage to the proprietors of lands through which the
same may
pass, and it is reasonable and just that compensation be made to such
proprietors,
Be it enacted, That in every case
where the same shall be required of the justices
aforesaid in court sitting, they shall be empowered to agree with the
party injured
for the amount of the damages sustained, not exceeding the rate of
ten pounds |
Justices to agree
for damages,
&c. |
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