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GEORGE PLATER, Esquire, Governor.
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 or 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
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. |
1791.
CHAP.
XIV. |
CHAP. XV.
An ACT to enable the select vestry of Saint-Michael's parish, in
Talbot county, and James Tilghman, of Chester-town,
in Kent
county, to make an exchange of certain lands. |
Passed December
27. |
WHEREAS the select vestry of Saint-Michael's parish,
in Talbot
county, and James Tilghman, of Chester-town, in Kent county,
have represented to this general assembly, by their petition and memorial,
that the said select vestry are seized and possessed, in fee-simple, of
a
plantation, consisting of glebe lands belonging to the said parish, lying
chiefly on
the south side of a creek, in the said parish, called Fausbey Creek, but
partly on
the north side of the same, and the branches thereof; and the said James
Tilghman
is seized and possessed, in fee-simple, of an adjoining plantation, lying
chiefly on the north side of the said creek, and the branches thereof,
but partly
on the south side of the same; that the said plantations, and the lands
belonging
to them, are so interested by the said creek, and by roads running through
them,
as, in their present situation, to be very inconvenient to the owners and
possessors,
but may be rendered commodious and convenient by an exchange of parts of
the
said plantations and lands; and this general assembly, upon due consideration,
having determined the said application to be reasonable and proper, |
Preamble. |
II. Be it enacted,
by the General Assembly of Maryland, That the select vestry
of the said parish for the time being, and the said James Tilghman, shall,
by
virtue of this act, be enabled and empowered to make such exchange of parts
of
the said lands and plantations, as the said select vestry, or a majority
of them,
and the said James Tilghman, may think commodious and convenient to
their
several plantations aforesaid respectively, and to make and execute proper
deeds
for the lands exchanged, to be acknowledged and recorded according to the
laws
of this state; of which lands so taken in exchange respectively, the said
select
vestry, and the said James Tilghman, shall, by virtue of such deeds and
this act,
be seized in fee-simple, the said select vestry to them and their successors,
and
the said James Tilghman to him and his heirs and assigns, for ever. |
Select vestry,
&c. may make
an exchange,
&c. |
CHAP. XVI.
An ACT to lay out and open a road to and from the mill of
Joshua Howard, on Sam's creek, in Frederick county. |
Passed December
27. |
WHEREAS, John Howard, by his petition to this general
assembly,
hath set forth, that he has erected a valuable mill on Sam's creek, in
Frederick county, and that the road law, passed last session of assembly, |
Preamble. |
D
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