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GEORGE PLATER, Esquire, Governor.
than two rod nor more than three rod wide, and all and every new road
before
expressed shall be by them laid out, marked and bounded, in as streight
a direction
as the nature of the ground will admit, at the same time considering
all advantages
and disadvantages which may result therefrom to the public and individuals;
provided, that the said road shall not be carried through any building,
orchard,
garden or yard, without the consent of the owner or possessor thereof. |
1791.
CHAP.
LXX. |
XI. And,
whereas the ground which will necessarily be taken up in laying out
the roads aforesaid, and streightening and widening the said roads, may
materially
injure the proprietors; and it being reasonable to compensate the owners
therefor,
Be it enacted, That the said commissioners
may agree with the owner or owners
of such land, or his, her, or their guardian or trustee, upon the sum of
money
to be paid for the damages sustained by opening any of the said roads,
taking into
consideration all advantages and disadvantages which may arise to such
owner or
owners by opening the sid roads, and the real value of such soil; and if
the said
commissioners cannot agree with such owner or owners, or his, her, or their
guardian or trustee, or on refusal of such owner to dispose of such
land as may be
though necessary for the passage of any of the said roads, the said commissioners,
or the owner or owners of such land, may apply to some justice of the peace,
who shall thereupon issue his warrant, directed to the constable of the
hundred
where such land lies, commanding him to summon five substantial freeholders,
not related to the party, or in any manner interested, to be and appear
before one
or more justice of the peace for the said county, on a certain day
in the said warrant
expressed; which said freeholders, upon their oath, to be administered
by
some justice of the peace, shall inquire who are or is the owner or owners
of the
land over which the road runs or passes, and what damages such owner or
owners
will sustain by reason and occasion of carrying such road over and through
the
said lands; and the said jury are hereby required to consider the convenience,
benefit and advantage, (if any) by reason of such road passing over such
land;
and the constable shall return the verdict of the said jury, or of the
majority of
them, under their hands and seals, to such justice or justices, who shall
award
accordingly; and if such jury shall not award a larger sum of money, as
restitution
for damages sustained as aforesaid, than was actually offered by the commissioners,
the party refusing to make sale, or refusing the price offered by such
commissioners, shall pay the costs of such inquiry, but in case the same
shall
exceed the sum offered by the said commissioners, then the same shall be
paid out
of the monies raised in virtue of this act for opening the said roads:
Provided
always, that no road shall be newly carried or conducted through any yard,
garden or orchard, against the will or consent of the owner, nor shall
any field
in which grain, tobacco, or grass intended for hay, is growing, be laid
open until
the crop is ripe and may be taken away. |
Agree for damages,
&c. |
XII. And be
it enacted, That the said commissioners, or a majority of them,
met as aforesaid for the purposes aforesaid, shall, as soon as may be after
the
passage of this act, and within twelve months after the first day of January
next,
lay out, survey, mark and bound, the several public roads herein before
mentioned,
of the width of not less than two roads and not more than three rods, in
as streight a direction and advantageous a manner as the nature of
the ground and
legal restrictions will admit, and, without delay, shall execute, sign
and seal,
plain plots of the same, with explanations thereof, and such plots and
explanations
shall be delivered to the clerk of the county, and by him recorded among
the records of the said county, in testimony of the same being established
by law;
for all which services rendered by the said commissioners they shall be
entitled to
receive, out of the county assessment, the sum of seven shillings and six-pence
for each day they shall attend as commissioners in discharge of the aforesaid
trust,
and the said justices may and shall, at their levy courts, allow such charge,
and
levy the same as other public expences are usually levied. |
And lay out
and survey the
several roads,
&c. |
XIII. And be
it enacted, That all contracts entered into by the said commissioners
with the owner or owners of land through which any public roads may
pass, shall be paid out of the money assessed for the purpose of clearing
and |
Contracts to
be paid, &c. |
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