| 1791.
CHAP.
LIII. |
LAWS of MARYLAND.
V. And be it
enacted, That in case of the death, resignation, disqualification,
or refusal to act, of any of the commissioners aforesaid, the county
court where
such vacancy or vacancies shall happen, shall and are hereby directed
to fill up
such vacancy or vacancies, and if such vacancy or vacancies shall happen
during
the recess of such court, then the associate justices shall have the
power to fill up
such vacancy or vacancies, and such re-appointments shall and may be
made
from time to time, as often as occasions shall require, until the said
roads shall
be surveyed, plotted, returned and recorded, as aforesaid; and after
the return of
any of the roads aforesaid shall be made according to this act, the
county court
shall respectively order to be paid to the commissioners aforesaid,
out of the
monies to be appropriated to the purposes of these roads, such reasonable
compensation
as to them shall seem meet. |
Commissioners
to appoint
supervisors,
&c. |
VI. And,
for the more effectual making of said roads, Be
it enacted, That
the commissioners aforesaid, in their respective counties, are hereby
empowered
to appoint one or more supervisor in each county to superintend, direct
and contract
for, the execution of the same in the most effectual, œconomical, and
expeditious manner; and each and every of the supervisors, so appointed,
shall
give bond, with sufficient security, to be approved of by said commissioners
in the
county where said supervisors may be appointed, in a penalty of at
least double
the estimated amount of one year's assessment for the said road or
roads in the
county in which he shall be appointed, for the faithful discharge of
his trust; and
the estimated amount of one year's assessment for the said road or
roads in the
county in which he shall be appointed, for the faithful discharge of
his trust; and
such appointments or re-appointments shall be made, and bonds as aforesaid
shall
be annually renewed, at the times the monies are to be levied; and
the supervisors
shall lay before the county court of their county, at the last court
in each year,
just and true accounts, on oath, or affirmation, of all receipts and
expenditures
of monies by them received and expended in virtue of their appointments,
and
shall pay the balances, if any, to their successors, if superseded
or displaced;
and the said supervisors shall respectively be allowed at the rate
of five
per centum
upon the sums of money by them severally received and expended in the
execution
of this act. |
County courts
to agree for
damages, &c. |
VII. And,
whereas the laying out of said roads may cause damage to the
proprietors of lands through which the same may pass, and it is reasonable
and just that compensation be made to those who require the same, Be
it
enacted, That in every case where the same shall be required of
the county
court, they shall agree with the party injured for the amount of the
damages
sustained, not exceeding the rate of three pounds current money per
acre; but
if such agreement does not take place, then the court to whom application
shall be made, shall issue their warrant to the sheriff of the county,
commanding
him to summon and return a jury of twelve good and lawful men
so 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 the sheriff 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 |
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