| 1791.
CHAP.
XVI. |
LAWS of MARYLAND.
has removed the road which formerly passed by his said mill, to the
injury of his said property; and prayed that a law might pass to lay
out, open
and establish, a public road from the road leading from Charlton's
Gap to Baltimore-town,
to his said mill, and from thence to intersect the aforesaid road leading
to Baltimore-town; and the prayer of the said petition being thought
reasonable, |
Commissioners
appointed,
&c. |
II. Be it enacted,
by the General Assembly of Maryland, That Allen Farquhar,
Joel Wright and Stephen Winchester, or any two of them, be and they are
hereby appointed commissioners to survey, lay out and open, at the expence
of
the said Joshua Howard, a road not exceeding forty feet in width, in such
direction as they shall conceive will best answer the purposes of this
act, from
the road leading from Charlton's Gap to Baltimore-town, to the mill of
the said
Joshua Howard, on Sam's creek, and from thence to intersect the aforesaid
road
in Baltimore-town; and the said road, when so surveyed, laid out and opened,
and the valuation herein after directed to be made, shall have taken place,
shall be
recorded in Frederick county court, and shall be deemed and taken to be
a public
road for ever thereafter. |
Who shall ascertain
damages, &c. |
III. And be
it enacted, That the said commissioners shall ascertain and value
what damages may be sustained by any person or persons through whose land
the
said road shall pass; and the same, when so assessed, shall be paid, or
secured to
be paid, by the said Joshua Howard, before the said commissioners shall
proceed
to open the said road: Provided always, that if any person or persons
through whose
land the said road shall pass, or his, her, or their guardian or trustee,
shall conceive
themselves aggrieved by such valuation and assessment of damages by the
said commissioners, it shall and may be lawful for the said commissioners,
or any
two of them, to issue their warrant to the constable of the hundred, to
summon
five freeholders of the county, qualified by law to serve as jurors in
the county
court, to appear, on a day to be by them appointed, on the premises;
and the
said commissioners are hereby authorised to administer an oath to every
such freeholder,
that he will, without favour, affection, prejudice or partiality, assess
the
damages sustained by the person or persons at whose request such inquisition
shall
be taken, by reason of opening the aforesaid road through his, her, or
their land;
and such freeholders shall thereupon proceed to assess and value the damages
accordingly,
of which the said Joshua Howard shall have had at least five days
previous notice; and such inquisition and valuation shall be final and
conclusive
between the parties: And provided also, that the said road shall
not be opened
through the buildings, gardens, yards or orchards, of any person, without
his
or her consent. |
Passed December
27. |
CHAP. XVII.
An ACT for securing to the society of the people called Quakers
the use of certain lands lying in Cæcil county,
agreeably to
original grant of the same from the government of Pennsylvania. |
| Preamble. |
WHEREAS, by the declaration of rights, all gifts,
sales, or devises of
land, exceeding two acres, to any religious sect, order or denomination,
for the support, use, or benefit of, or interest for, the same,
are void without the leave of the legislature: And whereas it is
represented to the
general assembly, that whilst the lands called East Nottingham and West
Nottingham,
lying in Cæcil county, were held to be within the bounds of Pennsylvania,
and subject to the government thereof, a patent was granted, by the
proprietary of Pennsylvania, for forty acres of land lying in the said
East Nottingham,
to four persons, as trustees, for the use of the society of the people
called Quakers, and that the said land has been ever since held to their
use; and
that a certificate for five acres and one hundred and twelve perches of
land lying
in the said West Nottingham, which were originally taken up under the government
of Pennsylvania, and have ever since been peaceably held for the use of
the
said society, has been returned to the land-office, with the treasurer's
endorsed
receipt for the money by law directed to be paid for the same, but a patent
could
not constitutionally be granted for the same to the use of, or in trust
for, the said
society. |
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