1804.

NOVEMBER. LAWS OF MARYLAND.

C H A P.

LXXIV.

And ascertain
damages, &c.

IV. 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 over whose land the said
road may pass, by opening the same, taking into consideration the advantages and disadvantages re-
sulting therefrom; 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 himself,
herself or themselves aggrieved by such valuacion of damages by the said commissioners, or a ma-
jority 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, to issue his warrant, under his hand and seal, di-
rected to any constable of the county, commanding him to summon five freeholders, who do not hold
lands through which the said road may pass, to appear, on a day by the said justice to be appointed,
on the land of the person or persons making application as aforesaid; and the said freeholders, having
first made oath before said justice, that they will, without favour, affection or partiality, assess the
damages sustained by the person or persons at whose request such inquisition shall be taken, by open-
ing the said road through his, her or their land, taking into consideration the advantages or disad-
vantages, if any, and shall thereupon proceed to assess and value the damages accordingly, arid such
inquisition and valuation shall be final; and the party or parties in whose favour the valuation ascer-
tained as aforesaid shall be entitled to receive the same from the said collector, by an order drawn
on him by the said commissioners, or a majority of them, and upon the payment of the money, or
securing the same to be paid, to the person or persons through whose land the said road is intended
to pass, the said commissioners, or a majority of them, may open the said road through such person
or persons lands; provided, the said road shall not pass through any house, yard, garden or orchard,
unless with the consent of the owner or owners thereof.

Former road to
be stopped up,
&c.

V. AND BE IT ENACTED, That whenever it shall appear to the commissioners aforesaid, or a
majority of them, upon review, that the road hereby directed to be laid out hath been completed in
a good and sufficient manner, it shall and may be lawful for the petitioners, at their discretion, and
they are hereby authorised, to cause the former road to be stopped up and discontinued.

C H A P. LXXV.

Passed Janua-

ry 19, 1805.
Preamble.

An ACT respecting certain land certificates.

WHEREAS it has been represented to this general assembly, that large bodies of land, laying
in Allegany county, have heretofore been surveyed, and certificates made out, but have ne-
ver been compounded on, and now lay liable to be affected by warrants of proclamation, but from
the vast quantities of bad land included in these surveys, it can never be an object with any indivi-
dual to take them up for purposes of cultivation, in whole, and that as, according to the regulations
of the land-office, these surveys cannot be taken in part, and as considerable benefit would result to
the county of Allegany, as well as to persons wishing to make actual surveys for the purpose of
settling thereon, from these large tracts or surveys of land being vacated, or placed in such a situa-
tion as to be located or taken in part, as well as in whole; therefore,

Certificates
vacated, &c.

II. BE IT ENACTED, by the General Assembly of Maryland, That all certificates of surveys of land
heretofore made in Allegany county, not compounded upon, and which are now liable to proclama-
tion, be and the same are, on and after the first day of August next, unless then paid on, or secured
by warrant of proclamation, hereby vacated, made null and void, and placed upon the same footing
with all other vacant land in said county, liable to be affected in the same manner, and in any quan-
tity, without being bound by, or paying any regard to, the afore mentioned surveys; provided, that
the land included in any survey vacated by this law, shall not be liable to be affected by any warrant
issued, or to be issued, before the first day of August next.

CHAP. LXXVI.

Passed Janua-
ry 15, 1805.

An ACT to clear and make public a road in Harford county therein
mentioned.

Preamble,

WHEREAS a number of inhabitants of Harford county, by their petition to the general as-
sembly have prayed, that a law may pass to clear the road that is already opened, and which
leads through the lands of John Trimble, William Amoss, junior, James Amoss, junior, Mordecai
Amoss and Thomas B. Onion, from a certain widow Harrey's, near the quaker meeting-house, to
the said Thomas B. Onion's mill, and that the same, when cleared, shall be thereafter a public road,
and kept in repair as other public roads in said county; and the same being reasonable, therefore.