JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR NOVEMBER.

CHAP. LXXXV.

1801.

An ACT to lay out a road from William's Port to the Pennsylvania
line.

Passed 31st of
Dec. 1801.

BE IT ENACTED, by the General Assembly of Maryland, That Jacob Sibert, Josiah Price and John
Wolgemot, be and they are hereby appointed commissioners to lay out and survey a road
from William's Port, in Washington county, beginning at a road leading from William's Port to
Green Castle at the north end of John Wolgemot's lane, and from thence to Kershner's mill, to Island
Ford, Cromwell's old mill-seat and Philip Creagh's, to the Pennsylvania line, not exceeding thirty
feet in width, in as straight lines 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 coutt of
the said county, who on receiving such plots and explanations shall examine the same, together
with ail the evidence that shall or may be offered for or against the road so returned, 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 men-
tioned, 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 commissioners, 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 completing 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 may be laid out for the amount of damages thereby sustained, not ex-
ceeding 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
to summon and return a jury of twelve good and lawful men of the said county, not interested or
related to the party or parties concerned, to be and appear before some one of the justices of the
said county, on the premises, at a certain day in the said warrant to be expressed, which jury, on;
their oaths or affirmation, as the case may be, to be administered by the said justice, shall inquire
who are the owner or owners, of the said ,land over which the said road so laid out and ratified
shall pass, and what damages such, owner, or owners will actually suffer from the passage of the
said road over the said land, the said jury taking into consideration all conveniences and incon-
veniencies, advantages and disadvantages, if any, arising from the opening and improving the said
road, and such sheriff shall return the inquisition of the said jury, under their hands and seals,
and attested under his official signature, to the,next levy, court to, be, held for the said county, and
the amount of damages therein expressed, if any, shall be paid, by order of the said court, out of
the monies to be levied as is herein after directed ; provided, that in case the said roacl shall run
on the bed of any old road heretofore laid out and now in use, such person or persons through
whose lands the said old road now passes shall not be entitled to receive any compensation for
damages herein before directed to be paid; provided also, that the said road, shall not pass through
any enclosed yards, garden or orchard, without the consent of the owner, nor shall any field in
which grain, hemp, flax .or tobacco, or other cultivated vegetables are growing, be laid, open un-
til after the season for collecting and securing the crops growing on such field.

Court to agree
for, damages,

&c

III. AND BE IT ENACTED, That the levy court of the said county, at the time .of laying the
next levy for the said county, shall levy on the assessable property of the said county such sum
or sums of money as they may deem necessary, for the purpose of surveying, opening and clear-
ing the said road, and the payment of the damages to the owners of the land through which the
said roacl shall pass, and also for the payment of such compensation to the commissioners as is .
herein after directed to be paid.

Levy , money,
&c.

IV. AND BE IT ENACTED, That when the commissioners aforesaid shall have discharged all
the duties required of them by this act, the levy court aforesaid shall order to be made to the said
commissioners respectively, out of the monies to be levied as is by this act directed, such reason-
able compensation as to the said court shall seem meet, and the said commissioners respectively
shall.thereafter.be discharged.
C H A P.

And order
compensation,
&c.