1828

LAWS OF MARYLAND.

CHAP. 83.

ryland, That Henry Nyman, David Brookhart and Doo
tor Ezra Slifer, or a majority of them, be appointed com-
missioners for the purpose of opening a street in Boonsbo-
rough called Patrick-street, commencing at the front of the
lots of Patrick Carney, and the heirs of John Root, running
back on the division line of said lots, to a stake planted be-
tween the lots of John Waggoman, senior, and George
Fague, running thence to a stake planted nearly opposite
to Conrad Dagenhart's dwelling, running thence to a stake
planted opposite to Jacob Norris's dwelling, and thence
running on an alley of ten feet wide to the Baltimore and
Frederick-town turnpike road, the said street not to exceed
sixteen feet in width.

Damages to be as-

certained

Sec. 2. And be it enacted, That the said commission-
ers, after giving ten days notice in two of the public papers
of Hager's-town, shall proceed to ascertain and determine
what damages will be sustained by the owners of property
lying within or adjacent to said street, by reason of opening
thereof, taking into consideration all advantages and disad-
vantages, and that ihe said commissioners return to the levy
court the amount of damages ascertained and assessed as
aforesaid.

Levy court must

first determine it

is necessary

Sec. 3. And be it enacted, That before the commission-
ers aforesaid shall proceed to act, the levy court of Wash-
ington county shall first determine that the opening of the
said street is right and necessary, and in such case they are
hereby authorised to levy on the taxable property of said
county the amount of damages ascertained as aforesaid, for
the purpose of paying over to the persons aggrieved the da-
mages arising from the opening said street, and returned by
the commissioners aforesaid.

Commissioners to
take an oath.

Sec. 4. And be it enacted, That the said commissioners,
before they proceed to perform the duties assigned them by
this act, shall take the following oath, or affirmation, before
some justice of the peace: "I, A B, do solemnly swear,
(or affirm,) that I will forthwith, and to the best of my
abilities, execute the duties assigned me by the act, entitled,
An act for the opening a street in Boonsborough, in Wash-
ington county, to be called Patrick-street, without favour
or partiality."

Their compensa-

tion

Sec. 5. And be it enacted, That the said commissioners
shall receive as a compensation for their services two dol-
lars per day, for every day they may act, which com-
pensation is to be paid by the levy court of Washing-
ton county as a part of the expenses of opening said
street, which shall be asseased and collected in manner
aforesaid.