1803.

NOVEMBER. LAWS OF MARYLAND.

CHAP.

XXIX.

road leading from Snow Hill to Philadelphia at the place where Kendall Cropper lives, would be of
public advantage; therefore,

Commissioners
appointed, &c,

II. BE IT ENACTED, by the General Assembly of Maryland^ That John Bishop, Samuel Smith, Tho-
mas N. Williams, Isaac Franklin and Levin Mitchell, be and are hereby appointed commissioners
and the said commissioners, or a majority of them, are hereby authorised to open and ctear, at least
twenty feet wide, the said road from Winding's landing to intersect the main road leading from
Snow Hill to Philadelphia at the place where Kendall Cropper lives; and the said road, so opened
and cteared, (after the valuation herein after directed to be made, pr the damages herein after di-
rected to be assessed, shall be paid, or secured to the individuals concerned,) shall be recorded
among the land records of Worcester county, and shall for ever thereafter be deemed a public road,
and shall be kept in repair in the same manner as other public -roads are kept in the said county.

Who shall as-
certain da-
mages, &c

III. AND BE IT ENACTED, That the commissioners aforesaid, or a majority of them, shall ascer-
tain and value what damages may be sustained by any person or persons through whose lands the
said road may pass, by opening and ctearing the same, and the said valuation shall be made and paid
before the commissioners shall proceed to open and ctear the same; and in case any proprietor or
proprietors shall conceive him, her or themselves aggrieved by the valuation of the said commissi-
oners, or shall be an infant, feme-covert or non compos mentis, it shall and may be lawful for the said
commissioners, on the application of any person interested, to apply to any justice of the peace for
the county of Worcester, who shall thereupon issue his warrant, under his hand and seal, to the
constable of the hundred wherein such lands may be, commanding him to summon twelve freehold-
ers, disinterested in the said road, to appear, on a day to be by him appointed, on the said lands,
at which time such freeholders, so summoned, shall respectively appear before such justice, and take;
the following oath, or affirmation, to wit: " I, A. B. do swear, or affirm, that I will honestly value
" the damage and injury sustained by C. D. by opening a road through the lands of the said C. D.
" in pursuance of this act ;" and shall return an inquisition of such damages by them assessed to the
cterk of the county court of Worcester, and the damages so assessed shall be conctusive.

Persons inte-
rested to pay,
&c.

IV. AND BE IT ENACTED, That the persons who may conceive themselves interested or bene-
fitted by such roads, are hereby required to pay into the hands of the commissioners aforesaid, for
the use of the person or persons in whose favour such valuation may be made, immediately upon
laying out the road aforesaid, whatever damages be as aforesaid adjudged to the party sustaining such
damages, and in case of failure of payment as aforesaid, this act to be null and void, bat in case of
compliance with the provisions of this act, the said roads to be considered as public roads, and to
be kept up as public roads in said county.

CHAP. XXX.

Passed 31st of
Dec 1803.

Preamble.

An ACT to open a road from the town of Emmitsburgh, in Frede-
rick county, to Caldwell's lane on the Pennsylvania line,

WHEREAS it is represented to this general assembly, by the petition of sundry inhabitants of
the town of Emmitsburgh, in Frederick county, and its vicinity, that it would be of great
advantage to themselves, and the public in general, to have a road opened from said town of Em-
mitsburgh, in the county aforesaid, on as streight a direction as the nature of the ground will ad-
mit, to meet a road leading from Gettysburgh, in the commonwealth of Pennsylvania, at Caldwell's
lane on the Pennsylvania line 5. therefore,

Commissioners
appointed, &c.

II. BE IT ENACTED, by the General Assembly of Maryland, That John Huston, Peter Troxel and
Patrick R.eid, of Frederick county, or any two of them, be and they are hereby appointed commis-
sioners to survey, lay out and open, at the expence of the petitioners, or any part of them, parti-
cularly interested therein, or any person or persons who may contribute thereto, a road, not ex-
ceeding thirty feet in width, in the best and streightest direction that the nature of the ground and
other circumstances will admit of, from the town of Emmitsburgh, in Frederick county, to the
aforesaid road leading from Gettysburgh, at Caldwell's lane on the Pennsylvania line; and the said
road, when so opened at the expence of the petitioners as aforesaid, and the valuation herein after
directed to be made shall be paid, or secured to be paid, to the individuals concerned, shall be re-
corded among the records of Frederick county court, and be thereafter deemed to be a public road
for ever.

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

III. AND BE IT ENACTED, That the said commissioners may appoint one of their number as
treasurer, and give him a certificate, under their hands, of his appointment, who is hereby empow-