| 1790.
CHAP.
XXXII. |
LAWS of MARYLAND.
current money per acre; but if such agreement doth not obtain, then
the court to
whom application shall be made, shall issue their warrant, directed
to the sheriff
of the county, commanding him to summon and return a jury of twelve good
and
lawful men of the said county, to be and appear before one or more
of the said
justices, on the premises, at a certain day in the said warrant to
be expressed;
which jury, upon their oath, to be administered by some one of the justices
aforesaid,
shall inquire who is or are the owner or owners of the land over which
any
such road shall pass, and what damages such owner or owners will actually
suffer
from the passing of the road over the land as aforesaid, taking into
due consideration
all conveniences and inconveniences, advantages and disadvantages,
arising from such circumstances, whether by the improvement of an old road,
or
in making a new one; and such sheriff shall return the inquest of the jury
aforesaid,
or of any eight of them agreeing, under their hands and seals, and attested
by his official signature, to the next county court to be held for the
county
wherein such inquest shall have been taken, and the amount of damages therein
expressed shall be paid by order of the said court, out of the monies to
be levied
as aforesaid, and appropriated to such road; provided, that no new road
shall be
made through any building, enclosed yard, garden or orchard, against the
will
of the owner, nor shall any field in which grain, hemp, flax, tobacco,
or other
cultivated vegetables, except grass, shall be growing, be laid open
until after the
season for collecting and securing the crop; but if it be expedient to
lay out any
such road through an enclosed yard, garden or orchard, and the owner will
consent
thereto, then the damages sustained thereby shall be adjusted and paid
as in
other cases, and the road may be made accordingly. |
Penalty on altering
any
road, &c. |
IX. And be it
enacted, That if any person or persons shall presume to alter or
change, or in any manner obstruct or encroach on, any of the said roads,
or on
any part or parts thereof, or to cut down or destroy, deface or injure,
any of the
bridges, causeways, boundaries, marks, directions, or other establishment
thereon,
such person or persons, being thereof convicted in the general or any county
court, shall be fined at the discretion of the court, not exceeding ten
pounds, according
to the nature and degree of the offence, and all fines imposed in such
cases shall be appropriated to the purpose of repairing such damages, and
improving
the road, and shall be paid to, and accounted for by, the supervisors
of
the counties wherein such damages shall be sustained. |
Supervisors,
&c. may take
away stones,
&c. |
X. And be it
enacted, That it shall and may be lawful for the supervisors aforesaid,
and persons to be employed by them, to take and carry away any stones,
gravel,
or earth of a firm quality, that may be found on any land adjoining the
roads for
which the same may be wanted, without leave of the owner, or making him
any
compensation therefor; provided, that no stone, gravel, sand or earth,
quarried or
collected by the owner for his own use, or for sale, shall be so taken
or applied. |
Road to be 66
feet wide, &c. |
XI. And be it
enacted, That the commissioners appointed for laying out the
road in Baltimore county, shall and they are hereby required to survey,
mark and
bound the same sixty-six feet wide, and to return a plot and explanation
thereof,
under their hands and seals, to the commissioners of review appointed for
the said
county by an act, entitled, An act for laying out several turnpike roads
in Baltimore
county, who shall have the same powers to alter, amend and improve, such
survey and plot, as they have by virtue of the act aforesaid respecting
the roads
therein mentioned; and in case of the death, resignation, or refusal to
act, of either
of the commissioners appointed for the road in Baltimore county, the said
commissioners
of review shall have power to appoint others in their place and stead. |
Plot, &c. to
recorded, &c. |
XII. And be
it further enacted, That the plot and explanation aforesaid, being
approved by the said commissioners of review, shall be recorded among the
land records of Baltimore county, in testimony of the same being established
by
law; and the said road, so established, shall be under the superintendence,
direction
and control, of the said commissioners of review, and the same shall
be executed in the same manner, and shall be under the like regulations,
improvements
and establishments, as the roads mentioned in the aforementioned |
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