DANIEL MARTIN, ESQUIRE, GOVERNOR.

I82S

Sec. 4. And be it enacted, That the said commissioners,
before they proceed to act, shall take an oath, or affirmation,

CHAP. 89.

before some justice of the peace, that they will, without fa-
vour, partiality or prejudice, assess the damages sustained
by the person through whose lands the said road may pass.

Comromim.cra to

Sec. 5. And be it enacted, That after the said road shall
be surveyed and located, the opening thereof shall be su-
perintended, in each county respectively, by the commis-
sioners, or a majority of them, appointed for said county.

Road to be super-
intended, &c

Sec. 6. And, whereas doubts exist whether the said road
may not be located more to the advantage of the public by
avoiding to pass through Annc-Arundel county, therefore,
Be it enacted, That if the said commissioners shall so lo-
cate that part of said road between Ridgeville Post-Office,
in Frederick county, and the Quaker road in Montgomery
county, as that no part thereof shall pass through Anne-A-
rundel county, then this act, and the provisions thereof,
shall be void as to Anne-Arundel county, except as to the
appointment and powers of the commissioner appointed in
said county.

If road should not

pass through Anne

Arundel act to be

void as regards that

county

Sec. 7. And be it enacted, That the commissioners here-
in before named for Montgomery county, or a majority of
them, shall be and they hereby are authorised and empow-
ered, to lay out and open a road, not exceeding thirty feet in
width, in the best and straightest direction, taking all circum-
stances into consideration, from the Quaker road before men-
tioned, near the residence of Henry Griffith of Lyde, by or
near Cracklin-town, to intersect the road leading from Sene-
ca Bridge by John Fisher's tavern, near the plantation of Sa-

them, shall make out a plat of said road, and return the same
to the clerk of Montgomery county court, to be recorded
among the records of said county; and the said road, when
so opened, shall be thereafter deemed to be a public road
forever, and shall be kept in repair in the same manner as
Other public roads are directed to be kept in said county.

Direction of road

in Montgomery

Sec. 8. And be it enacted, That the said commissioners,
or a majority of them, be and they are hereby required, to
make out, upon oath, or affirmation, an account of the ex-
pense of surveying and opening said road, including an al-
lowance of two dollars per day to the commissioners for
their services, and the levy court of said county are here-
by authorised and required to levy the same on the assessa-
ble property of said county, to be collected as other coun-
ty charges are collected.

Levy authorised

Sec. 9. And be it enacted, That the said commissioners,
er a majority of them, having first made oath, or affirmati-
on, before some justice of the peace, that they will without
favour, partiality or prejudice, assess the damages sustained
by the person or persons through whose lands the said road

Amount of da-

mages to be levied