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CHAP.
XXXIX.
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he has, during the time of his illness, employed the most skilful physicians in the county, whose ef-
forts to procure him relief have been unavailing, and praying that some relief may be granted him
out of the poor house; and the facts stated in his petition appearing true, therefore,
II. BE IT ENACTED, by the General Assembly of Maryland, That the justices of the levy court of
Montgomery county shall, and they are hereby empowered, at their levy court annually, so long as
they shall see cause, to assess and levy, on the assessable property of said county, a sum of money,
not exceeding thirty dollars, for the support and maintenance of the said Matthew Bradburn, and
that the same be collected annually by the collector of Montgomery county, and by him paid to the
said Matthew Bradburn, or his order.
CHAP. XL.
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Passed 6th of
Jan. 1810.
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An ACT to lay out and open a Road in Frederick County.
WHEREAS it is represented to this general assembly, by the petition of sundry inhabitants of
Frederick county, that they are subject to great inconvenience for want of a public road from.
Samuel Reynold's tavern to intersect the new main road leading from Taney-town to Westminster
and Baltimore;
II. BE IT ENACTED, by the General Assembly of Maryland, That Thomas Jones, James Mark, Samuel
Reynolds, George L. Kesselring and John Bower, be and they are hereby appointed commissioners
to survey, lay out and open, a road, not exceeding twenty-five feet in width, in the best and straight-
est direction, taking all circumstances into consideration, from Samuel Reynold's tavern, on the
main road leading from Taney-town to Petersburg, in Pennsylvania, by George Mouse's mill, and
then to intersect the new main road leading from Taney-town aforesaid to Westminster, in Frederick
county, at or near a widow Smith's house on said road; and the said commissioners shall make a plot
of the road so as aforesaid directed to be laid out and opened, and return the same to the clerk of
Frederick county court, to be recorded among the land records of said county; and the said road,
when so laid out and opened at the expense of the petitioners, or others interested, and the valuation
herein after directed shall be paid, or secured to be paid, to the individuals concerned, shall be there-
after deemed to be a public road for ever, and shall be kept in repair in the same manner as other
public roads are directed to be kept in said county.
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.
IV. 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
lands the said road may pass, by opening the same, and the valuation shall be made before the said
commissioners shall proceed to open the said road; provided always, that 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, it
shall and may be lawful for any justice of the peace of said county, on application of the party inte-
rested, or his, her or their guardian or trustee, to issue his warrant, under his hand and seal, di-
rected to any constable of the county, commanding him to summon twelve freeholders, uninterested
in the opening of said road, to appear on a day by the said justices 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 a 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 accordingly,
of which the said commissioners, or a majority, shall have had at least five days notice, and shall
return the damages so assessed to the said justices of the peace, and such inquisition and valuation
shall be final and conclusive; and the party or parties in whose favour the valuation ascertained by
the said commissioners, or the damages assessed by the said freeholders, shall be made, shall be en-
titled to receive the same from the said commissioners, or a majority of them, and the said commis-
sioners shall pay, or cause the same to be paid, 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 securing the same to be paid,
to the person or persons through whose land the said road is intended to pass, the said commission-
ers may open the said road through such person or persons land; provided, that the said road shall
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