JAMES THOMAS, ESQUIRE, GOVERNOR.

1833.

thence in as straight a direction as the ground will admit
of, to the distillery of Mr. Elisha Howard, near the Sugar
Loaf Mountain, from thence to the lanebetween the farms
of Mr. John Willson, and Mr John Evey, and thence un-
til it intersect the Frederick and Georgetown road, some-
where in the neighbourhood of Clarksburg in Montgome-

CHAP. 205.

ry county; and the said commissioners shall make out a
plot of that part of the road through Frederick county,
and a plot of that part of the road through Montgomery
county, and return the same to the clerk of the respective
counties, for which the same is made out, to be recorded
among the records of said county; and the said road when

Plat-record

so opened, shall be thereafter deemed to be a public road
forever, and shall be kept in repair in the same manner as
other public roads are directed to be kept in said coun-
ties.

Public highway

See. 2. And be it enacted, That the expenses of survey-
ing and opening that part of said road, in Frederick coun-
ty, shall be paid by Frederick county, and the expenses
of surveying and opening that part of said road in Mont-
gomery county, shall be paid by Montgomery county, and
the Levy court or commissioners of said counties, as the
case may be, are hereby authorised and required on re-
ceiving from the commissioners appointed by this act, an
account on oath, of said expenses including an allowance

Expenses defrayed

of two dollars per day, to the commissioners for their ser-
vices, to levy the same on the assessable property of said
counties respectively, to be collected as other county charg-
es are now collected.

Compensation

Sec. 3. And be it enacted, That the said commission-
ers or a majority of them, shall value and ascertain the
damages that may be sustained by any person or persons,
through whose land the said road may be made to pass,
taking into consideration the advantages and disadvanta-
ges (if any) a»d the damages so ascertained, shall be le-
vied and assessed as other county charges in said coun-
ties are, and shall be paid by the counties wherein such
damages may be sustained; and in case any person or
persons through whose lands the said road shall be made
to pass, shall be aggrieved by the assessment of damages

Damages— levy

by the said commissioners, an appeal may be taken to the
next county court, who are hereby authorised to take cog-
nizance of the matter, and to pass such judgment thereon
as to them shall seem agreeable to the justice and right of
the ease.

Appeal provided