GEORGE HOWARD, ESQ. GOVERNOR.

1831.

twenty feet in width, from the land now in possession of
Alien Thomas, of Anne Arundel county, called Glen Owen,
in a convenient direction to the Turn pike road leading

CHAP. 95.

from Baltimore to Frederiektown; and to estimate the dam-
ages which may be sustained by the person or persons
through whose lands the said road shall pass, and on pay-
ment of the damages by the said Alien Thomas to the per-
son or persons in whose favor such damages shall be ad-
judged, the said commissioners shall make said road at the
expense of the said Alien Thomas; and the same shall be

Damages.

held used and repaired by him, his heirs and assigns for-
ever thereafter for the purposes of a road as aforesaid —
and a certificate of their proceedings, and a survey of said
road shall be returned under their hands or the hands of a
majority of them, to the clerk of Anne Arundel county
court, to be by him recorded.

Repairs.

Sec. 2. And be it enacted, That said road shall not pass
through any building, yard, garden, orchard or meadow,
without consent of the owner thereof. — And that the com-
missioners before they proceed to act, shall take an oath
well and faithfully to discharge the duties hereby vested in
them.

Prohibitions; oath.

Sec. 3. And be it enacted, That it shall and may be law-
ful for any justice of the peace of said county, on the ap-
plication of any person or persons who may be aggrieved
by the valuation of damages aforesaid, to issue his war-

Appeal on dama-
ges.

rant under his hand and seal to the sheriff of the county,
commanding him to summon a jury of twelve men to meet
on the premises on a certain day, of which ten days notice
shall be given to the parties interested. And the jurors
when so met, and after each taking an oath that he will
without favor, affection, partiality or prejudice, assess the
damages mentioned by the person or persons at whose re-
quest such inquisition shall be taken, by reason of opening
the said road, shall thereupon proceed to assess and value
the damages accordingly, and which inquisition shall be
final and conclusive on all parties, and be delivered over to
the said commissioners to be returned and recorded as part
of their proceedings.

14

Jury trial.