1835.

LAWS OF MARYLAND,

their hands, to the said court and also the reasons

CHAP. 220.

whereon their opinion is founded.

Oath of examiners

SEC. 2. And be it enacted, That the said examiners

before they shall proceed to execute such commission,

shall take an oath or affirmation, as the case may he,

before a justice of the peace of the county aforesaid,

to be by him certified upon said commission, that they

will execute the said commission truly and faithfully,

without favor, affection or partiality.

Notice required

SEC. 3. And be it enacted, That the said examiners,

or a majority of them, before they proceed to execute

such commission, shall give at least thirty days public

notice thereof to all persons concerned, by advertise-

ment, describing the road proposed to be opened,

straightened, altered or shut up, and appointing the

day of meeting of said examiners upon the premises

as aforesaid, which advertisement shall be published

thirty days previous to said meeting, in one newspaper

printed in said county, if any be published therein, a

copy of which shall also be set up at five public places

in the neighborhood, and the report of said examiners,

setting forth that they have given the notice required

by law, or any words to that effect, shall be prima

facie evidence that the same was done.

Prohibtions in locating

SEC. 4. And be it enacted. That it shall not be law-

ful for any road opened, straightened or altered in vir-

tue of this act, to pass through the buildings, yards,

gardens or orchards of any person or persons, without

the consent in writing of the owner or owners thereof.

Damages

SEC. 5. And be it enacted, That the said examiners,

or a majority of them, shall value and assess the

damages that may be sustained by the owner or owners

respectively, of the land through which such road as

opened, straightened or altered, may pass, and that in

assessing such damages they shall consider as well the

advantage and benefit, as the loss and injury to be ac-

Specifications

casioned thereby to each person; and the said examiners

shall in their report specify the several sums of money,

if any, by them estimated as the damages or compensa-

tion proper to be allowed to each of the owners of such

land, and shall also specify the quantity of land be-