JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR; NOVEMBER.

1801.

CHAP. XX.

An ACT to lay out a road from Aquila Tarman's tavern to Tho-
mas Cockey 's mill, and from the said mill to the road called the
Deer Park Road.

Passed 31st of
Dec. 1801.

WHEREAS it appears by the petition of Thomas Cockey, of Baltimore county, to this gene-
ral assembly, that the opening of a public road from Aquila Tarman's tavern, on the road
leading from Reisterstown to Westminster to the said Thomas Cockey's mill, and from thence
until it intersects the nearest part of the Deer park road, in said county, would be of great pub-
lic utility; and the prayer thereof appearing reasonable, therefore,

Preamble,

II. BE IT ENACTED, by the General Assembly of Maryland, That Isaac Dickson, Samuel Hooker
and Thomas Gorsuch, or any two of them, be and they are hereby appointed commissioners to
survey, mark and lay out, at the expence of the said Thomas Cockey, a road, not exceeding thirty
feet wide, on the streightest and best direction that the nature of the ground will admit, from the
aforesaid Aquila Tarman's tavern to the said Thomas Gockey's mill, and from thence until it in-
tersects the nearest part of the said Deer park road; and the said road, when so surveyed, laid
out and opened, and the valuation herein after directed to be made shall have taken place, a plot
thereof shall be returned to the clerk of the county, who shall record the same among the records
of Baltimore county court, which shall be deemed and taken to be a public road for ever there-
after, and shall be kept up, and amended and repaired, as all other public roads in the said county.

Commission-
ers appointed
&c.

III. AND BE IT ENACTED, That the said commissioners shall ascertain and value what damages
may be sustained by any person or persons through whose land the said road shall pass, taking in-
to their consideration all circumstances, and the same when so assessed, shall be paid by the said
Thomas Cockey, before he shall proceed to open the said road.

Who shall as-
certain da-
mages, &c.

IV. AND BE IT ENACTED, That the said commissioners shall not lay out or open the said road
through the buildings, gardens or orchards, of any person, without his or her consent.

C H A P. XXI.

Not to go thro'
buildings, &c.

An ACT authorising the levy court of Washington county to lay
out a road from Elizabeth-town, in Washington county, by Bar-
nett's fording to the Pennsylvania line

Passed 31st of
Dec. 1801.

BE IT ENACTED, by the General Assembly of Maryland, That George Nigh, William Hyser and
Josiah Price, be and they are hereby appointed commissioners to lay ont and survey a road
from Elizabeth- town, in Washington county, by Barnett's fording to the Pennsylvania line, not
exceeding forty feet in width, in as streight a line as the nature of the ground and the restrictions
herein after mentioned will admit of and without delay execute, sign and seal, plain plots of the
same, with explicit explanations thereof, and make return of such plots and explanations to the
levy court of the said county, who on receiving such plots and explanation shall examine the
same, together with all the evidence that shall or may be offered for or against the road so return-
ed, and upon consideration of all circumstances, may reject or confirm the said report, and may-
direct the said commissioners to alter and amend the said plots, confining the said road to the
points above mentioned and when so amended, are hereby ordered to confirm the same, and when
so confirmed, shall cause the same to be recorded among the land records of the said county, in
testimony of the same being established by law as a public road, and shall direct the said commis-
sioners to mark and bound the said road as confirmed by the said court, and direct a supervisor or
supervisors to clear and improve the same in the same manner and on the same terms as other
public roads in the said county are by law directed to be cleared and improved, and upon com-
pleting the same, the said road shall be deemed a public road, and shall be kept in repair as other
public roads in the aforesaid county are by law directed to be kept.

Commission-
ers appointed,
&c.

II. AND BE IT ENACTED, That upon the said levy court confirming the said road, they shall
be and are hereby authorised and empowered, to agree and contract with the person or persons on
whose lands the said road maybe laid out for the amount of damages thereby sustained, not ex-
needing the rate of ten pounds per acre, but if such agreement should not take place, then the

said court shall issue their warrant, directed to the sheriff of the said county, commanding him

Court to agree
for damages,
&c.