JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER,

1801.

III, AND BE IT ENACTED, That the said commissioners may appoint one of their number as
treasurer, who is hereby enjoined and empowered to collect and receive all monies subscribed, or
that may be subscribed, for the purpose of laying out and clearing the said road, and such sub-
scribers are hereby directed to pay their several subscriptions to the treasurer appointed as afore-
said, and if any person shall neglect or refuse to pay his subscription money, the said treasurer,
or any one of the said commissioners, in the name of the whole, may, and is hereby authorised,
to sue for, recover and receive the same, and the said monies, when received, shall be applied by
the said commissioners, or any two of them, to the purposes of this act.

CHAP.
V.

Who may ap-
point a treasu-
rer, &c.

IV. AND BE IT ENACTED, That the commissioners aforesaid shall ascertain and value what
damages may be sustained by any person or persons through whose land the said road may pass,
by opening and clearing the same, and the said valuation shall be made before the said cosnmis-
sioners shall proceed to open and clear the same ; and in case any proprietor or proprietors, or
their guardian or trustee, shall conceive themselves aggrieved by the valuation of the said com-
missioners, it shall and may be lawful for any justice of the peace for Worcester county, on ap-
plication by any person interested, to issue his warrant, under hand and seal, directed to any con-
stable of the said county, commanding him to summon five freeholders, disinterested as to the said
road, to appear, on a day by him to be appointed, on the land of the person making application as
aforesaid; and the said freeholders shall respectively repair to some magistrate of the said county,
and take the following oath or affirmation, to wit : "I, A. B, do swear, or solemnly, sincerely
" and truly declare and affirm, that I will honestly and faithfully estimate and value the damage
" and injury sustained by C. D. by opening a road through the land of the said C. D. in pursuance
" of the directions of this act," and shall return the damages by them assessed to the said justice
of the peace, and the damages so assessed and returned shall be conclusive ; and the party or
parties in whose favour the valuation ascertained by the said commissioners, or the damages assess-
ed by the said freeholders, shall be made, shall be entitled to receive the same from the said com-
missioners, and the said commissioners shall pay, or secure to be paid, the amount of the said
valuation or damages to the respective parties entitled to receive the same, out of the monies to
be raised and collected from the subscriptions to the said road, within the space of six months after
the ascertainment of such valuation or damages, and before they shall proceed to affect the lands
and tenements of the person or persons concerned ; provided, that the said road shall not go
through any houses, gardens, meadows or orchards, unless with the consent of the owner thereof,

CHAP. VI.

And ascertain
damages, &c.

An ACT for changing part of the divisional road between Somer-
set and Worcester counties.

Passed 31st of
Dec. 1801.

WHEREAS it is represented to this general assembly, by the petition of Benjamin Hitch, of
Somerset county, that he is possessed of a tract of land lying and being in Somerset and
Worcester counties, through which the divisional road of Somerset and Worcester counties now
runs, to the great injury of the said Benjamin Hitch: And whereas it appears that changing the
said road will be beneficial to the said Benjamin Hitch, and promote the convenience of the pub-
lic ; therefore,

Preamble.

II, BE IT ENACTED, by the General Assembly of Maryland, That Ebenezer Handy, James Bennett,
William Pollitt, of Thomas, David Catholl and Thomas Fookes, be and they are hereby appoint-
ed commissioners, or any three or more of them are hereby authorised to change, lay out and
open, at the expence of the said Benjamin Hitch, in the most convenient manner, a public road,
leading through the lands of the said Benjamin Hitch, in the direction the divisional road of the
said counties now runs, from Salisbury to Stevens's ferry, so far as the said Hitch's lands extend,
If necessary ; and the said road, when so laid out and completed at the expence of the said Ben-
jamin Hitch, shall be recorded in the records of Somerset and Worcester county courts, and shall
be deemed and taken for ever thereafter as the divisional line of said counties, and as a public
road, and shall be kept in repair as other public roads are kept up in said counties.

CHAP. VII.

Commission-
ers appointed,
&c.

An ACT for the benefit of Benjamin Ward, of Prince-George's

county

Passed 31st of
Dec. 1801.

WHEREAS Benjamin Ward, of Prince-George's county, emigrated to, and settled in, this
state, and since his emigration and settlement as aforesaid acquired real property therein,
and

Preamble.