ROBERT BOWIE, ESQUIRE., GOVERNOR. NOVEMBER.

1803.

nalty of two thousand pounds, to the state of Maryland, conditioned to pay the monies received by
him, as such, to the commissioners aforesaid, or their order, or to the order of a majority of the

said commissioners.

CHAP.

LIII.

VI. AND BE IT ENACTED, That the commissioners aforesaid, or a majority of them, shall ascer-
tain and value, if required, what damages may be sustained by any person or persons over whose
land the said road may pass, by opening the same, and the valuation shall be made before the said
commissioners, or a majority of them, shall proceed to open the said road; provided always, that if
any person or persons through whose land the said road may pass, or his, her or their guardian or
trustee, shall conceive themselves aggrieved by such valuation and assessment of damages by the
said commissioners, or a majority of them, it shall and may be lawful for any justice of the peace
of the county in which the land lies, on application of the party interested, or his, her or their
guardian or trustee, to issue his warrant, under his hand and seal, directed to any constable of the
county, commanding him to summon twelve freeholders, who do not hold lands through which the
said road may pass, to appear, on a day by the said justices to be appointed, on the land of the per-
son or persons making application as aforesaid, or for whose benefit such application shall be made,
and the said freeholders, having first made oath before said justice of the peace, that they will,
without favour, affection or partiality, assess the damages sustained by the person or persons at whose
request, or for whose benefit, 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 accord-
ingly, of which the said commissioners, or a majority of them, shall have had at least five days no-
tice, 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 whosejivour the valuation
ascertained by the said commissioners, or a majority of them, or the damages assessed by the said
freeholders, shall be made, shall be entitled to receive the same from the said treasurer, or an order
drawn on him by the said commissioners, or a majority of them; and the said commissioners shall
direct the treasurer aforesaid to pay, or secure the same to be paid, out of the monies raised, or to
be raised and collected from the subscriptions to the said road, within the space of six months after
the assessment of such valuation or damages, and before they shall proceed to affect the lands and
tenements of the person or persons concerned; and upon the payment of the money, or the securing
the same to be paid as aforesaid, to the person or persons through whose land the said road is in-
tended to pass, the said commissioners may open the said road through such person or persons land ;
provided, that the said road shall not pass through any house, yard, garden, meadow or orchard,
unless with the consent of the owner or owners thereof.

CHAP. LIV.

Damages to be
ascertained,
&c.

An ACT authorising any person prosecuted for a libel to give the
truth in evidence.

Passed 7th of
January, 1804.

BE IT ENACTED, by the General Assembly of Maryland, That in case any person or persons shall be
prosecuted, by indictment or any other criminal prosecution, for a libel, the party so prose-
cuted shall be entitled to give the truth of the matter charged in the said indictment, or other prose-
cution, in evidence, under the general issue, by way of justification, any law, usage or custom, to the
contrary notwithstanding.
CHAP. LV.

The truth may-
be given in evi-
dence, &c.

An ACT to alter, change, lay out and open, a road from Middle-
town, in Frederick county, to Washington county.

Passed 7th of
January, 1804.

WHEREAS it is represented to this general assembly, by the petition of sundry inhabitants of
Frederick county, that it would be of advantage to the public to have a road laid out and
opened from Middle-town, in Frederick county, to Washington county; therefore,

Preamble,

II. BE IT ENACTED, by the General Assembly of Maryland, That Frederick Stemple, Samuel Shoup
and Robison Eastburn, of Frederick county, or a majority of them, be and they are hereby ap-
pointed commissioners to survey, alter, change, lay out and open, at the expence of the petitioners,
or other persons interested therein, who may subscribe to pay the expence, a road, not exceeding
forty feet in width, in the best and streightest direction from Middle- town, in Frederick county,
to Washington county line, to run as straight a direction as the ground will admit of, to intersected
the Elizabeth-town road by Newcomer's mill to the South Mountain at the Washington county line ;
and the said road, when so opened at the expence of the petitioners, or others interested, shall be
deemed a public road for ever, and shall be kept in repair in the same manner as other public road
are directed to be kept in said county.

Commissioners
appointed, &c.