ROBERT BOWIE, ESQUIRE, GOVERNOR. NOVEMBER.

1803.

ered and enjoined to collect and receive all monies subscribed, or that may be subscribed, for the
purpose of opening the suid road, and such subscribers are hereby directed to pay their several sub-
scriptions to the treasurer appointed as aforesaid; and if any person shall neglect or refuse, when
applied to by the aforesaid treasurer, to pay his subscription money, the said treasurer may and he
is hereby authorised to sue for, recover and receive the same; and the said monies, when received,
shall be applied by the commissioners, or any two of them, to the purpose of this act.

CHAP.

XXX.

IV. AND BE IT ENACTED, That the commissioners aforesaid shall ascertain and value what da-
mages may be sustained by any person or persons through whose land the said road may pass, by
opening the same, and the said valuation shall be made before the said commissioners shall proceed
to open the same; provided always, that if any person or persons through whose land the said road
shall pass, or his, her or their guardian or trustee, shall conceive themselves aggrieved by such va-
luation and assessment of damages by the said commissioners, it shall and may be lawful for any
justice of the peace of the said county of Frederick, on application of the party interested, to issue
his warrant, under hand and seal, directed to any constable of the county, commanding him to sum-
mon five freeholders, disinterested as to the said road, to appear, on a day to be appointed by the
said magistrate, on the land of the person making application as aforesaid, and the said freeholders,
having first made oath before some justice of the peace, that they will, without favour, affection,
prejudice or partiality, assess the damages sustained by the person or persons at whose request such
inquisition shall be taken, by reason of opening the aforesaid road through his, her or their land,
shall thereupon proceed to assess and value the damages accordingly, of which the said commission-
ers shall have at least five days previous notice, and shall return the damages so assessed to the said
justice of the peace, and such inquisition and valuation shall be final and conctusive; and the party
or parties in whose favour the valuation ascertained by the said commissioners, or the damages as-
sessed by the said freeholders, shall be made, shall be entitled to receive the same from the said
commissioners; 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 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 as-
sessment of such valuation or damages, and before they shall proceed to affect the lands and tene-
ments of the person or persons concerned; provided, that the said road shall not go through any
houses, gardens, yards, meadows or orchards, unless with the consent of the owner thereof.

CHAP. XXXI.

And ascertain
damages, &c

An ACT authorising the levy court of Washington county to alter
and change the direction of certain roads therein mentioned.

Passed 31st of
Dec. 1803.

BE IT ENACTED, by the General Assembly of Maryland, That the levy court of Washington county
be and they are hereby authorised and empowered to alter and change the direction of the road
leading from Hagar's-town towards Hancock-town, so far as the said road extends from Hagar's-town
to the end of the second line of the said road; and so much of the road leading from Hagar's-town
towards Nicholson's Gap as passes over the lands of the heirs of Peter Wrench, deceased, and the
lands of doctor Downey.

Court may al-
ter certain
roads, &c.

II. AND BE IT ENACTED, That should the said court, after viewing the said roads, and the alte-
rations prayed for, think that the direction of either of them can be changed to the advantage of the
said county, that then the said court shall have each of the said roads, and the alterations prayed
for, surveyed, and plain plots of any alterations they may deem proper to make recored among
the land records of Washington county; and the said road or roads, so altered, for ever thereafter
be deemed a public road or roads, and shall be kept in repair as all other public roads in said county
are.

Have them
surveyed, &c,

III. AND BE IT ENACTED, That the said court shall have full power and authority to agree and
Contract with the owner or owners of the land over which the said road or roads so altered shall
pass, for the amount of damages thereby sustained, which shall be levied and paid as directed by the
act of seventeen hundred and ninety-eight, chapter forty-nine.

CHAP. XXXII

And agree for
damages, &c.

An ACT for the benefit of John Carrere, of the city of Baltimore.

WHEREAS it is represented to this general assembly, that John Carrere, of the city of Balti-
more, hath lately purchased some real property lying In Harford county of a certain Charles
Assilin Dessables, otherwise called Charles Assilin: And whereas some doubts' have arisen as to the

Passed 7th of
January, 1804.
Preamble.