1803,

NOVEMBER LAWS OF MARYLAND.

CHAP. XXV.

Passed 31st of
Dec. 1803.

A Further supplement to the act, entitled, An act to lay out a road
from Aquila Tarman's tavern to Thomas Cockey's mill, and from
said mill to the road called the Deer Park Road.

Preamble.

WHEREAS by an act of assembly, entitled, A supplement to the act to which this is a further
supplement any justice of the peace in and for Baltimore county was authorised to cause a
jury to be summoned to assess the damages which a certain Samuel Wheeler hath sustained by reason
ot the road mentioned in the original act to which this is a further supplement running through his
lands and the said Samuel Wheeler having never applied to any justice for the purpose aforesaid
and doubts being entertained whether the said law can be earned into execution, except the said
Samuel Wheeler snail apply as atoresaid, therefore,

S. Wheeler or
T. Coekey may
call on a jus-
tice, &c.

II. BE IT ENACTED, by the General Assembly of Maryland, That in case Samuel Wheeler shall not
on or before the twentieth ctay of March next, apply to some justice of the peace for Baltimore
county to issue his warrant to the sheriff of said county, commanding him to summon twelve good
and lawful freeholders, disinterested and unconnected with either party, to appear before him the
said justice, on the premises, on a certain day expressed in the said warrant, to inquire and ascer-
tain, upon their oaths, what damages the said Samuel Wheeler hath sustained by reason of the road
mentioned in the original act to which this is a. further supplement running through his the said
Samuel Wheeler s land, that then and in such case Thomas Cockey, of the said county, shall have
full power to call on some justice of the peace, on giving the said Wheeler five days previous notice
thereof, who shall issue his warrant as aforesaid, for the purpose aforesaid; and when the said jury
rave ascertained the damages occasioned thereby, the said Thomas Cockey shall, upon payment, or
tender of payment, to the said Samuel Wheeler, thenceforth proceed to open the road aforesaid any
law to the contrary notwithstanding.

CHAP. XXVI.

Passed 31st of
Dec. 1803.

An ACT to lay out a road from Crispin Cunningham's to Frances
Smith's stone-house, in Harford county.

Preamble.

WHEREAS it has been represented to this general assembly, by the petition of sundry inhabi-
tants of Harford county, that they labour under considerable inconveniencies from the want
of a public road to run from Crispin Cunningham's, the place of holding one of their district elections
to Frances Smith's stone-house; therefore,

Commissioners
appointed, &c.

II. BE IT ENACTED, by the General Assembly of Maryland, That William Loney, John Coolev and
Paca Smith, or a majority of them, be and they are hereby appointed commissioners to survey and
lay out a road, not exceeding thirty feet in width clear of ditches, in as streight and convenient a
direction as may be, from Crispin Cunningham's to Frances Smith's stone-houset

Who shall
make a plot,

&C,

III. AND BE IT ENACTED, That the said commissioners, or a major of them, shall and they
are hereby directed' ana required to make, or cause to be made, a plot of the said road when sur-
veyed as aforesaid and to ascertain and estimate the damages that may be sustained by any person
or persons through whose lands the same shall pass, and shall make return of said plot, together
with a certificate of the courses of said road, and their estimate of the damages as aforesaid, to the
clerk of Harford county, to be recorded among the land records of said county, and when the same
shall have been so returned, the said road shall for ever thereafter be deemed a public highway and
shall be kept in repair as other public roads in Harford county; provided always, that the said com
missioners shall not lay out the said road through the buildings, garden or orchards, of any person
without his or her consent.

Court to ap-
point an over-
seer, &c

IV. AND BE IT ENACTED, That the levy court of Harford county be and they are hereby em-
powered and directed, at their next meeting after the plot directed by this act shall have been re-
turned, or at any subsequent, court, to appoint an overseer to open and ctear said road agreeably to
said plot, in the same manner as other roads are by law directed to be opened and cleared; and the
said overseer shall have the same allowance as other overseers.

Allowance to
commissioners.

V. AND BE IT ENACTED, That the commissioners appointed by this act shall have an allow
ance of two dollars for every day they shall severally attend in discharge of the duties hereby im-

posed