ROBERT BOWIE, ESQUIRE, GOVERNOR. NOVEMBER.

1804.

IV. AND BE IT ENACTED, That the said orphans court of Caroline county shall be authorised and
empowered to take bond from the said George Downes, with such security as they may think proper,
with condition that the said George Downes, the guardian aforesaid, shall duly apply the money
arising from the sales of the said personal estate to the purposes before mentioned, and also to obtain
a conveyance or conveyances in fee-simple to the said Benjamin Willson, of such lauds as may be
purchased agreeable to the provisions of this act.

C H A P. XII.

C H A P.
XL

And to take
bond, &c.

An ACT to lay out and open a road through Frederick and Mont-
gomery counties.

Passed Janua-
ry 5, 1805.

WHEREAS it is represented to this general assembly, by the petition of sundry inhabitants of
Frederick and Montgomer} counties, that a road leading from Liberty-town, in Frederick
county, through the main square of the town of New-Market, in said county, from thence to Hy-
att's-town, in Montgomery county, will be of great public utility and convenience; therefore,

Preamble.

II. BE IT ENACTED, by the General Assembly of Maryland, That William Ballenger, Silas Bayley
and Lewis Duvall, or a majority of them, be and they are hereby appointed commissioners to sur-
vey, lay out and open, at the expence of such persons as may think proper to contribute thereto,
a road twenty feet wide, in the best and streightest direction, taking all circumstances into conside-
ration, from Liberty-town, in Frederick county, through the main square of the town of New-Mar-
ket, and from thence to Hyatt's-town, in Montgomery county; and the commissioners shall make
out a plot of that part of a road leading through Frederick county, and return the same to the clerk
of the county court, to be recorded among the records of said county; they shall also make out a
plot of that part of the road running through Montgomery county, and return the same to Mont-
gomery county court, to be recorded among the records of said county, and the said road, when
opened and recorded as aforesaid, and the valuation herein after directed to be made shall have been
paid, or secured to be paid, shall for ever thereafter be deemed a public highway, and kept in re-
pair in the same manner as other public roads in the said counties respectively.

Commissioners
appointed, &c

III. AND BE IT ENACTED, That in case of death, resignation, disqualification, or refusal to act,
of any of the commissioners aforesaid, the remaining commissioners, or a majority of them, shall
and they are hereby authorised and directed to fill up such vacancy or vacancies.

How vacancies
are to be filled

IV. AND BE IT ENACTED, That the commissioners aforesaid, or a majority of them, shall as-
certain and value, if required, what damages may be sustained by a person or persons over whose
land the said road may pass by opening the same, and the valuation shall be made, and the amount
thereof paid as aforesaid to the parties respectively interested, before the said commissioners, or a
majority of them, shall proceed to open the said road; provided always, that if any person or per-
sons through whose land the said road may pass, or his, her or their guardian or trustee, shall con-
ceive 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 five freeholders who do not hold lands through which 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, 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 inqui-
sition 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 commissioners, or
a majority of them, shall have had at least five days notice, and shall return the damages so assess-
ed to the said justice of the peace, and such inquisition and valuation shall be final and conclusive;
provided always, that no road shall be carried or conduced through any yard, garden or orchard,
against the will or consent: of the owner, nor shall any field in which grain, tobacco, or grass in-
tended for hay, is growing, be laid open, until the crop is ripe and may be taken away.

Damages to be
valued, &c.

V. AND BE IT ENACTED, That the said commissioners as aforesaid shall be allowed eleven shil-
lings and three-pence for every day they shall be employed in discharge of their duty under this act,
to be paid in the same manner as the amount of the valuation herein before directed to be made.

Commissions:
allowance.