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where the lands lie, or the grantor or grantors reside, provided it shall appear, in cases of feme-covert
grantors, that the same was made willingly, and out of the presence and hearing of the husband, or
privately and willingly out of the hearing of the husband, or words to that effect, and provided also,
that in every other respect the said deeds have been executed, acknowledged and recorded, agree-
ably to the laws heretofore made on this subject.
II. AND BE IT ENACTED, That nothing contained in the said original act, or the supplements
thereto, shall extend, or be construed to extend, to make valid any deed, where the person or per-
sons who would have been entitled to the property contained in such deed of conveyance, in case
the same had originally been valid and effectual to convey the property expressed in the same, shall
have given up his, her or their interest in the same, and where the person or persons entitled to
such property, independent and exclusive of such defective deed, may have bona fide sold and con-
veyed the same, but in all such instances the person or persons to whom the property shall have been
as last aforesaid mentioned sold and conveyed, shall continue to hold the same estate and interest in
the property so to him, her or them, sold and conveyed, as he, she or they, would have held in
case the said original acts, and the supplements thereto, had not passed, any thing in the same con-
tained to the contrary notwithstanding; provided, that nothing in this act contained shall extend,
or be construed to extend, to interfere with, or effect, any deed or deeds excepted out of the opera-
tion of the original act by the proviso contained in said act.
CHAP. CLXV;
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C H A P.
CLXIV.
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An ACT to lay out and make public a Road in Baltimore County.
WHEREAS it is represented to this general assembly, by the petition of sundry inhabitants of
Baltimore county, that they labour under great inconvenience for want of a public road from
Caleb Stansbury's mill to Christopher Woolry's tavern, on the turnpike road leading from the city
of Baltimore to Westminster, in Frederick county; therefore,
II. BE IT ENACTED, by the General Assembly of Maryland, That Thomas Cockey, of Thomas, Richard
Gorsuch and Nicholas Brown, or a majority of them, be commissioners, and are hereby directed and
authorised to lay out, straighten and widen, not exceeding thirty feet, the old road formerly opened
and used, beginning at Caleb Stansbury's mill aforesaid, and continuing with the track of the afore-
said old road, as nearly as they, in their judgment, shall think practicable, to intersect the aforesaid
turnpike road at or near Christopher Woolry's tavern aforesaid; provided, the said road shall not
pass through any garden, meadow or orchard, without the consent of the proprietor or proprietors
thereof.
III. AND BE IT ENACTED, That the commissioners, or a majority of them, be and they are
hereby authorised and directed, to ascertain and value what damages may be sustained by any person
or persons through whose lands the said road may pass, by laying out, straightening and widening the
same, and the said valuation shall be made and paid, or secured to be paid, before the commissioners
shall proceed to open the same; and in case any proprietor or proprietors shall conceive him, her or
themselves aggrieved by the valuation of the said commissioners, it shall and may be lawful for any jus-
tice of the peace for Baltimore county, on the application of any person interested, to issue his war-
rant, under his hand and seal, to the constable of the hundred where such lands may be, command-
ing him to summon twelve freeholders, not interested in the said lands, to appear on a day by him
appointed on the said lands, at which time and place such freeholders, so summoned, shall respective-
ly appear before the said justice, and take the following oath, to wit: " I ——— ——— do swear, that
" I will honestly, without prejudice or partiality, value the damages and injury that may be sus-
" tained by opening a road through the lands of, in pursuance of this act of assembly; " and shall
return an inquisition of such damages, so assessed, lathe clerk of Baltimore county court, and the
damages so assessed shall be conclusive.
IV. AND BE IT ENACTED, -That the persons who may conceive themselves interested or benefit-
ted by the aforesaid road, arc hereby required to pay, or cause to be paid, into the hands of the com-
missioners aforesaid, or some one of them, for the use of the person or persons in whose favour such
valuation may be made, previous to laying out and opening the road aforesaid; and in case of failure
of payment, or security as aforesaid, this act to be null and void, but in case or compliance with the
provisions of this act, the said road shall be considered a public highway, and be kept up. n the same1
fanner as other public roads in said county.
P
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Passed 6th of
Jan. 1810.
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