ROBERT BOWIE, ESQUIRE, GOVERNOR. NOVEMBER.

I 804,

for injury shall be done, or nuisance committed, except in such counties where the same hath been
already otherwise vested.

C H A P.
L XXIII.

IV. AND BE IT ENACTED, That all damages recovered in any suit instituted under this law, and
all fines imposed and received under this law, shall be paid over to the sheriff of the county for the
time being where such damages are recovered, or fine imposed, to be applied for the benefit of such
county as other public monies are applied.

Damages, &c.
to be paid to
the sheriff, Sec,

V. AND BE IT ENACTED, That each and every sheriff shall pay over such damages, or fine, by
him received, in such manner as the justices of the levy court of his county shall direct, and that
the bond given by him as sheriff shall be liable for, and may be put in suit for, the recovery of the
same, in the same manner as it might be put in suit for any other public monies for which the said
sheriff may or might be responsible.

To be by him
paid over, &c.

VI. AND BE IT ENACTED, That any person having any claim against any county for any real
property possessed by any county, and which by this act is vested in the justices of the levy court
of such county, may commence and prosecute his action at law for the same, by issuing a summons,
directed to the justices of the levy court, and sending with such summons a declaration or short
note, expressing the cause of action, and such person may declare against the said justices of the
levy court in the same manner as he might against any individual for the same cause, and the attor-
ney-general, or his deputy, shall appear and plead thereto, and the issue shall be made up, and the
jury shall try the same, and if they find for the plaintiff, a writ of possession shall issue for the re-
covery of the possession of real property, and if damages are found for the plaintiff, the justices of
'the levy court of said county where such issue shall be tried shall, at their next sitting after the
trial of such issue, levy such sum of money so as aforesaid recovered, with costs of suit, on the
assessable property of such county, and shall cause the same to be paid over to the said plaintiff, or
his order, in the same manner as other public charges are assessed and paid over.

CHAP. LXXIV.

Any person
may sue, &c.

%

An ACT to lay out, open and change, a road leading from Owing's
and Paul's mill to Elk Ridge Landing.

Passed Janua-
ry 19, 1805.

WHEREAS it is represented to this general assembly, by the petition of John Dorsey, Larkin
Dorsey and Richard Dorsey, of Elk Ridge, that the toad leading from Owing's and Paul's
mill to Elk Ridge Landing runs through their lands, to their great injury, and is very circuitous :
And whereas a respectable number of citizens living contiguous thereto have consented to and re-
quested the contemplated change and alteration; and it appearing reasonable and proper to this ge-
neral assembly to advance the interests of individuals, when no public inconvenience would result
therefrom; therefore,

Preamble.

II. BE IT ENACTED, by the General Assembly of Maryland, That Thomas Beale Dorsey, of Caleb,
John Spurrier and Thomas Worthington, of John, of Anne-Arundel comity, or a majority of them,
be and they are hereby appointed commissioners to survey, lay out, open and change, at the expence
of the petitioners, or other persons interested therein, who may subscribe to pay the expence, a
road, not exceeding thirty feet in width, in a convenient direction from the upper part of Elisha
Brown's plantation, where it joins the lands of the petitioners, to intersect a public road leading to
Elk Ridge Landing at a place called Sandy Bottom; and the said road, whan so opened at the ex-
pence 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 roads are directed to be repaired in said county.

Commissioners
ap pointed, &c.

III. AND BE IT ENACTED, That the said commissioners, or a majority of them, may appoint a
collector, who is hereby empowered to collect and receive all monies subscribed, or that may be sub-
scribed, for the purpose of opening said road, and such subscribers are hereby directed to pay their
several subscriptions to the collector appointed as aforesaid; and if any person shall neglect or re-
fuse, when applied to by the said collector, to pay his subscription money, the said collector may
and he is hereby authorised to sue for, recover and receive the same; and the said money, when re-
ceived, shall be applied, under the direction of the commissioners aforesaid, or a majority of them,
to the purpose of this act; provided, the said collector, before he receives any money, shall give his
bond to the state, in the penalty of two hundred pounds, conditioned to pay the monies received by
him, as such, to the order of the commissioners aforesaid, or a majority of them.

Who are to ap*
point a collec-
tor, &c.