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LAWS OF MARYLAND.
4. And be it enacted, That it shall
not be lawful for any road
opened, straightened, widened, altered or amended in virtue of
this act, to pass through the buildings, yards, gardens or orchards
of any person or persons, without the consent of the owner
or owners thereof, nor shall any field, in which grain, hemp, flax,
tobacco or other cultivated vegetables are growing, be laid open
until after the season for collecting and securing the crop growing
in such field. |
225
Dec. Ses. 1825.
Places excepted
from
roads. |
5. And be it enacted, That if no objection
shall be made to
the return of the commissioners within thirty days next succeeding
the day of such return, the said levy court may proceed to
pass judgment thereon and affirm or reject the same, or order it
to be amended, at the discretion of the said court; or the said
court may at their discretion postpone their judgment in the
proceedings from time to time, so long as the said court shall in
their judgment think such postponement necessary for the purposes
of justice. |
Exception
to return of
commissions. |
6. And be it enacted, That the said
commissioners or a majority
of them, shall value and ascertain the damages that may be
sustained by each and every person through whose lands the
said road may pass, in case the application shall be for opening,
straightening, widening, amending or altering a road, by opening,
straightening, widening, amending or altering the same,
taking into consideration the peculiar advantages or disadvantages
of the same if any; and the said commissioners shall make
such ascertainment of damages, a part of their return to the
court. |
Damages. |
7. And be it enacted, That if any person
or persons shall conceive
him, her or themselves aggrieved by such ascertainment of
damages so as aforesaid to be made, it shall and may be lawful
for such person or persons to file in writing their objections thereto,
at any time before the said return shall be finally ratified by
the court, and in all such cases of objection it shall be the duty
of the said court to issue their warrant to the sheriff of Baltimore
county, commanding him to summon seven discreet and sensible
men, freeholders of the said county, not interested or related to
the parties, to meet on a certain day to be named in said warrant,
on the premises, who upon their oaths or affirmations, to be administered
by such sheriff or his duly qualified deputy, shall assess
such damages as the landholder or landholders so objecting
to the return of the commissioners, in their opinion and
judgment, taking into consideration the peculiar advantages and
disadvantages attending the same, is or may be entitled; and the
said sheriff shall return the inquisition of the said jury under
their hands and seals and attested by his official signature and
seal, to the next meeting of the said court thereafter; and that
each and every of the jurors summoned by the sheriff aforesaid,
agreeably to the provisions of this act, shall be allowed the sum
of one dollar for each and every day he shall attend, in pursuance
of such summons, to be levied and paid as hereinafter directed. |
Objection to
damages allowed. |
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