| 1791.
CHAP.
XXX. |
LAWS of MARYLAND.
individuals through whose lands the same may pass, shall be paid by
the said
John Ellicott, Elisha Tyson, William and Charles Jessop, John Baxly and
George Leggett, in equal proportions. |
| Proviso. |
VII. Provided
always, That no damages shall be allowed to the said John
Ellicott, Elisha Tyson, William and Charles Jessop, John Baxly or George
Leggett, for any of their, or either of their lands, through which the
said road,
or any part thereof, may pass. |
Road to be
deemed
public, |
VIII. And be
it enacted, That the said road, when made and opened, or such
part thereof as shall be mad and opened, shall be a public road, and kept
up
and supported at the county expence. |
In cases of disagreement,
a
jury to be
summoned,
&c. |
IX. And be it
enacted, That if the person or persons appointed by this act to
pay the damages occasioned to individuals as aforesaid, cannot agree with
them as
to the compensation, the commissioners aforesaid shall issue their warrant
to the
sheriff of Baltimore county, commanding him to summon and return a jury
of
twelve good and lawful men of the said county, to be and appear before
two or
more of the said commissioners, on the premises, at a certain day in the
said
warrant to be expressed; which jury, upon their oath, to be administered
by any
one of the said commissioners, shall inquire who is or are the owner or
owners of
the land through which the said road may pass, and what damages such owner
or owners will actually suffer therefrom, taking into consideration
all circumstances;
and the said commissioners shall lodge the inquest of the said jury, or
any eight of them agreeing, under the hands and seals of the said commissioners
and jurors, with the clerk of the county court; and the amount of the damages
therein expressed shall be paid as herein before mentioned. |
Damages to
be first paid. |
X. And be it
enacted, That no part of the road aforesaid shall be opened,
until the damages to individuals, occasioned by the passage thereof through
their
lands, agreed on or assessed by a jury, shall have been paid, or tendered
and
refused. |
Road to be
laid out from
Jessop's mill,
&c. |
XI. And be it
enacted, That the said commissioners be and they are hereby
authorised and directed to lay out another road from Jessop's mill
to the most
convenient part of the present road leading from Tyson's to Baxly's mill;
and
the same, so laid out, shall be made and opened, and all expences and damages
as aforesaid paid, by the said William and Charles Jessop; which damages
shall
be ascertained, in case of disagreement, as aforesaid; the said road,
when made
and opened, to be a public road, and supported at the county expence. |
Road to be
public, &c. |
XII. And be
it enacted, That the present road leading from Tyson's to Baxly's
mill, shall be a public road, and supported at the county expence, until
the road
directed to be laid out and opened by this act from the said Tyson's to
Baxly's
mill shall be completed by the said William and Charles Jessop, and no
longer,
saving, however, to the said John Baxly, any rights or advantages he may
have
acquired, respecting the present road, in virtue of any verbal or written
contract
with the aforesaid Elisha Tyson. |
Commissioners
to lay out
a road, &c. |
XIII. And be
it enacted, That the said commissioners be and they are hereby
authorised to lay out another road, branching from the road directed to
be laid
out by this act, near Leggett's Ford, down the east side of Jones's Falls
by
Hanson's upper mill, from thence by the north corner of Tagart's dam,
until
it intersects the old road leading to Baltimore-town, near the said
dam; and the
same, when laid out, shall be opened, and the expences and damages to individuals
paid, by Josias Pennington, William Askew, Jonathan Rutter, John
Rutter, Jonathan Askew and Patrick Mullun; which damages, in case of disagreement,
shall be ascertained as aforesaid; and the said road, when made and
opened, shall be a public road, and supported at the county charge. |
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