EDWARD LLOYD, ESQUIRE, GOVERNOR. NOVEMBER.

1809.

and provided, that the said last mentioned road shall not pass through the yard, garden, orchard or
meadow, of any person, without his or her consent, in writing, first had and obtained,

IV. AND BE IT ENACTED, That the commissioners aforesaid, 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 opening and clearing the same,
and the said valuation shall be made and paid, or secured to be paid, before the commissioners shall
proceed to open and clear 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 the said commissioners, or a majority of them, on the application of any person interested, to
issue their warrant, under their hands and seals, to the constable of the hundred where such lands
nay be, commanding him to summon twelve freeholders, not interested in the said lands to appear
on a day by them appointed on the said lands, at which time and place such freeholders, so summon-
ed, shall respectively appear before the said commissioners, 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 sustained by opening a road through the land of ——— —, in pursuance of this
" act of assembly; " and shall return an inquisition of such damages, so assessed, to clerk of Bal-
timore county court, and the damages so assessed shall be conclusive.

V. AND BE IT ENACTED, That the persons who may conceive themselves interested or benefitted
by the aforesaid road, are hereby required to pay, or secure 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 the laying out and opening the road aforesaid; and in case of
compliance with the provisions of this act, the said road shall be Considered a public highway, and
kept up in the same manner as other public roads in said county.

VI. AND BE IT ENACTED, That the commissioners respectively herein before named shall be en-
titled to receive two dollars for every day they shall severally attend to discharge the duties re-
quired by this act, to be paid by the person or persons applying for said road.

CHAP. XCIV.

CHAP.
XCIII.

An ACT for the relief of Henry Alexander, of the City of Baltimore.,
an Insolvent Debtor.

WHEREAS Henry Alexander, heretofore carrying on trade in the city of Baltimore, as co-
partner of Isaac Lee Webster, under the firm of Alexander, Webster, and Co. by his peti-
tion to the general assembly of Maryland, hath set forth, from liability and misfortunes in trade, he
bath become insolvent, and unable to pay and discharge the debts and engagements due, owing, and
entered into by him; that the said firm of Alexander, Webster, and Co. at the time they become
unable to comply with their regular negotiations, were possessed of a considerable property in mer-
chandise, and stocks of different institutions, which said property the said Alexander, Webster,
and Co. have paid over to several of their creditors; the petitioner further stated, that sometime
after the failure aforesaid, the said firm of Alexander, Webster, and Co. become liable for large
sums of money, by reason of their being endorsers tor the house of Van Wick and Dorsey, of the
city of Baltimore, who had failed, and who have since been released under the insolvent law of the
state of Maryland; the petitioner further stated, that the preference given by the said Alexander,
Webster, and Co as aforesaid, hath been adjudged as undue and improper, within the intent and
meaning of the insolvent laws of Maryland, and therefore prayed that a special act might pass to
relieve him from all debts, covenants, contracts and engagements, as well in his individual and in
his copartnership capacity as aforesaid; and the general assembly being of opinion that under the
circumstances of the case that the prayer of the petitioner is reasonable, therefore,

II. BE IT ENACTED, by the General Assembly of Mary/and, That the county court of Baltimore, or
any one of the judges of the sixth judicial district, in the recess of the said court, upon the application
of Henry Alexander, of the city of Baltimore, be and they are hereby authorised and empowered,
to extend to him the full benefit and relief of the act of assembly passed at November session,
eighteen hundred and four, entitled, An act for the relief of sundry insolvent debtors, and the sup-
plements thereto, notwithstanding the aforesaid undue preference, which the said Henry Alexander,
or the firm of Alexander, Webster, and Co. may before the passage of this act have given to any
of his or their creditors, and without requiring that the said Henry Alexander should produce the
assent of his creditors as prescribed by the act aforesaid, and upon his, the said Henry Alexander,
G

Passed 6th of
Jan. 1810.