JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER.

1802

through whose land the said road shall pass, and the same, when so assessed, shall be paid by the
laid Edward Norwood to the person or persons entitled to receive the same, before the said road,
after it is laid off, shall be used.

IV. AND, whereas it is represented to this general assembly, by the petition of sundry inhabi-
tants of Elk-Ridge landing, that it would be in the power of the proprietors of the lands lying be-
tween said road, and the road leading through Samuel Norwood's lot to Elk-Ridge landing, to stop

C H A P,
XCI.

up the same; therefore, BE IT ENACTED, That the said commissioners, or a major part of them,
shall have full power and authority, and they are hereby directed, to lay off and open a road, of the
width aforesaid, through the said Norwood's lot, leased as aforesaid from the said Charles Carroll,
and others, from the ferry landing, or said Edward Norwood's lot, where the public road goes, to
intersect the road leading through Elk-Ridge landing, in such direction as they, or a majority of
them, shall think most convenient; and that the said commissioners, or a majority of them, shall
Ascertain and value what damages may be sustained by any person or persons through whose land the
said road shall pass, and the same, when so assessed, shall be paid to the proprietor of proprietors
by the person or persons applying to the said commissioners to have the same opened, before the
said road, after it is laid off, shall be used.

Who may lay
off a road, &c

V. AND BE IT ENACTED, That if any person or persons through whose land the said road or
roads shall pass, or his or her guardian or trustee, shall conceive themselves aggrieved by the valuation

of the said commissioners, It shall and may be lawful for the said commissioners, or any two of them,
to issue their warrant to the sheriff of the county, to summon twelve freeholders of the county,
lot interested in the premises, and qualified to serve as jurors in the county court, to appeal on a day
by them to be appointed, on the premises, and the said commissioners are hereby authorised to ad-
minister an oath to every person so summoned, that he will, without favour, affeelion, prejudice or
partiality, assess the damages sustained by the person at whose request such inquisition may be
^taken, by reason of opening the said road or roads through his, her or their lands; and the persons
so summoned and sworn shall thereupon proceed to assess and value the damages accordingly, of
which the said petitioner shall have at least five days previous notice, and such inquisition shall be
anal and conctusive between the parties.

And issue their
warrant, &c.

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

Not to go thro
buildings, &c.

An ACT directing the mode of paying the valuation of slaves and
servants in cases of commutation of punishment by the governor.

Passed 8th of

January, 1803,

WHEREAS by an act passed at November session, one thousand seven hundred and ninety-five,
entitled, An act dectaring the power of the governor in certain criminal cases, it is, among
other things, provided and enacted, chat the governor for the time being shall have full power and
authority, in his discretion, to commute or change any sentence or judgment of death passed on any
criminal by any court of this state into other punishment of labour, or to banishment of such cri-
minal from this state upon such terms and conditions, and for such period, as he shall think expe-
dient, and if such criminal be a slave, against whom any such judgment or sentence is or may be
passed, to commute and change the said judgment into transportation, and sale in some foreign coun-
try for the benefit of the state, and no provision hath yet been made by law for paying to the owner
or owners the valuation of any slave or servant whose sentence shall be commuted by the governor
under the powers delegated to him by the act aforesaid; therefore,

Preamble.

II. BE IT ENACTED, by the General Assembly of Maryland, That whenever sentence of death shall
be passed upon any slave or servant, arid the same shall be commuted or changed by the governor,
the valuation of such slave or servant, made by the court passing suck sentence, shall be paid by
the treasurer of the western shore, in virtue of an order to be drawn by the governor in favour of
the owner or owners of such slave or servant.
CHAP. XCIII.

Valuation to be
paid by the
treasurer, &c

An ACT to repeal the ad of assembly therein mentioned.

BE IT ENACTED, by the General Assembly of Maryland, That an act, entitled, An act to prevent
abuses in making bricks, and to ascertain the dimensions thereof, in Kent county, passed at
November session, one thousand seven hundred and ninety- two, be and the same is hereby repealed.

CHAP.

Passed 3th of
January, 13 of
An act repeal-
ed,