DANIEL MARTIN, ESQUIRE, GOVERNOR.
els Valdenar, Henson Clark, and Joel Simpson, of Mont-
gomery county, be and they are hereby appointed commis-
sioners to survey, lay out, straighten and amend, the pub-
lic road from John Barnes' tavern in said county, to the
Burnt Mills, and thence to the cross roads near the house
of Thomas Giltings, wherever they may believe the pub-
lic interest and convenience may require it; Provided, that
the said road shall not exceed thirty feet in width.
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119
1830.
CHAP. 112.
Provisos
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Sec. 2. And be it enacted, That the said commission-
ers, or a majority of them, are hereby authorised and em-
powered, to cause a plat of the road, so straightened and
amended, to he made and returned to the clerk of Montgo-
mery county court, to be by him recorded, and the said
road, when so straightened and amended, and the plat there-
of recorded as aforesaid, shall he deemed a public road for-
ever, and shall be kept in repair in the same manner as
other public roads are directed to be kept in said county;
Provided, that the said road so altered, straightened and
amended, shall not pass through any house, yard, garden,
orchard, or meadow, without the consent in writing of the
Owner or owners of the same.
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Plat thereoft-
be made.
Proviso.
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Sec. 3. And be it enacted, That the said commission-
ers, or a majority of them, shall value and ascertain the
damage that may be sustained by any person or persons
through whose land the slid road may be made to pass,
and the damage so ascertained, shall he levied and assessed
as other county charges are, and shall be paid over to the
person or persons entitled to the same.
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Damages.
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Sec. 4. And be it enacted, That the aforesaid commis-
sioners, or a majority of them, before they proceed to act,
shall take an oath, or affirmation, before some justice of the
peace in said county, that they will without favour, par-
tiality or prejudice, assess the damage sustained by the per-
son or persons through whose lands the said road may pass.
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Oath.
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Sec. 5. And be it enacted, That nothing herein con-
tained shall be construed to authorise the commissioners
aforesaid to straighten and amend the said road, until the
privilege of the Columbia Turnpike Company to make a
turnpike road from or near Ellicott's Mills to the line of
the District of Columbia, in a direction to George-Town,
shall relinquish, by writing, under the seal of said com-
pany, so far as the privilege extends to making the said
turnpike road through Montgomery county, which relin-
quishment, when so made, shall be recorded in the office of
the clerk of Montgomery county court, an office copy there-
of shall he evidence of such relinquishment
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relinquish-
ment of rights.
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Sec. 6. And be it enacted, That so soon as the said
turnpike company shall have made such relinquishment,
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Levy authoris-
ed.
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