1828

LAWS OF MARYLAND.

CHAP. 89.

sideration, from the old Liberty road near Alexander War-
field's mill, in Frederick county, to Thomas B. Owen's mill,
thence to intersect the Baltimore and Frederick-town turn-
pike road at Ridgeville Post-Office, on said road, and thence
through Anne-Arundel and Montgomery counties to inter-
sect the Quaker road, at some convenient point above and
near Damascus; and the said commissioners, or a majority
of them, shall make out a plat of that part of the road

of the county court of Frederick county, to be recorded
among the records of said county; they shall also in like
manner make out a plat of that part of the road through
Anne-Arundel county, and return the same to the clerk of
Anne-Arundel county court, to be recorded among the re-
cords of said county; and they shall in like manner make
out a plat of that part of the road through Montgomery
county, and return the same to the clerk of Montgomery
county court, to be recorded among the records of said coun-
ty; and the said road, when so opened, shall be thereafter
deemed to be a public road forever, and shall be kept in re-
pair in the same manner as other public roads are directed
to be kept in said counties.

Expenses to be

paid by the several

counties

Sec. 2. And be it enacted, That the expenses of survey-
ing and opening that part of said road in Frederick county,
shall be paid by Frederick county; the expenses of survey-
ing and opening that part of said road in Anne-Arundel
county, by Anne-Arundel county; the expenses of survey-
ing and opening that part of said road in Montgomery coun-
ty, by Montgomery county; and the levy courts or commis-
sioners of said counties, as the case may be, are hereby au-

appointed for each county respectively, or a majority of
them, an account on oath, or affirmation, of the said expenses,
including an allowance of two dollars per day to the com-
missioners for their services, to levy the same on the
assessable property of said counties respectively, to be col-
lected as other county charges are now collected.

Damages to be

ascertained

Sec. 3. And be it enacted, That the said commissioners,
or a majority of them, shall value and ascertain the damage
that may be sustained by any person or persons through
whose land the said road may be made to pass, taking into
consideration the advantages and disadvantages, (if any) and
the damages so ascertained shall be levied and assessed as
other county charges in said counties are, and shall be paid

Proviso

by the counties wherein such damages may he sustained, to
the persons thereunto entitled; Provided, that it shall not
be lawful for the commissioners to act in any case, either to
survey and locate said road, or to value and ascertain da-
mages, without at least one of the commissioners of the coun-
ty in which the proceedings may take place, being present.