| 1791.
CHAP.
XXIII. |
LAWS of MARYLAND.
to the inhabitants of said county residing near the same, and that the
present
situation of the dam renders his said mill insecure; and prayed that an
act may
pass authorising him to erect a mill-dam in a more eligible situation,
and where
the public highway now passes through his land, and that a new road may
be
laid out in the place of the one to be stopped up by erecting the said
mill-dam,
at the expence of him the said John Wilson; and the said petition appearing
to
this general assembly to be reasonable, and that the same will be of public
utility, |
Road may be
stopped up,
&c. |
II. Be it enacted,
by the General Assembly of Maryland, That the said John
Wilson, his heirs or assigns, shall be and hereby are authorised and empowered
to
stop up the public road leading through the land of the said John Wilson,
by
his said mill, and to enclose the same and erect a mill-dam, or any other
improvement,
upon the same, which will most effectually secure the said mill from
the weight of water and freshes. |
Commissioners
appointed,
&c. |
III. And be
it enacted, That Messieurs Nathaniel Comegys, Moses Briscoe,
John Brooks, William Thomas and Oliver Smith, shall be, and they, or any
three of them, hereby are appointed commissioner to lay out and open a
public
road by the mill of the said John Wilson, in such direction as they shall
judge
best, in the place and stead of the road to be stopped up by the said John
Wilson
as aforesaid; and the said road, when so laid out and opened, and the valuation
herein after directed to be made, shall have taken place, and the damages
assessed
paid, or secured to be paid, to the persons concerned, shall be returned
to, and recorded
in, Kent county court, and shall, for ever thereafter, be deemed and taken
to be a public road. |
Who may assess
damages,
&c. |
IV. And be it
enacted, That the said commissioners, or any three of them,
shall assess and value what damages shall be sustained by any person or
persons
through whose land the said road shall pass, which shall be paid, or secured
to
be paid, to the individuals concerned, before the said commissioners shall
proceed
to open the said road; but in case any person or persons interested as
aforesaid, or
his, her, or their guardian or trustee, shall conceive themselves aggrieved
by such
valuation of the said commissioners, it shall and may be lawful for any
magistrate
of Kent county, upon application, to issue his warrant to any constable
of the
county, to summon nine freeholders, disinterested as to the matter in dispute,
to
appear, on a day to be by him appointed, on the premises; and after
having made
oath, or affirmation, that he will honestly, faithfully, and without favour,
affection,
prejudice or partiality, assess and value the damages sustained by any
person or
persons through whose land the said road shall be opened, shall thereupon
proceed
to assess and value the damages accordingly, which valuation shall be final
and
conclusive; and the damages so assessed shall be paid, and secured to be
paid, to the
individuals concerned, before the said commissioners shall open the said
road. |
| Their allowance. |
V. And be it
enacted, That each of the said commissioners shall be entitled to
receive the sum of seven shillings and six-pence, from the said John Wilson,
for
every day they shall be employed in virtue of this act. |
Road not to
go through
hoses, &c. |
VI. And be it
enacted, That the said commissioners shall not lay out or open
the said road through the houses, gardens or orchards, of any person or
persons,
without the consent of the owners thereof. |
Passed December
27. |
CHAP. XXIV.
An ACT to improve and repair the streets in Elizabeth-town, in
Washington county, and for other purposes therein mentioned. |
| Preamble. |
WHEREAS the inhabitants of Elizabeth-town, in Washington
county,
by their petition to this present general assembly, have set forth, that
the streets in said town are frequently in a bad condition, and at
times rendered almost impassable, by means of many of the inhabitants of
said
town raising the ground before their own houses, and thereby turning the
water,
with a view to their private convenience only, and the ground and houses
of some |
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