|
An ACT to lay out and open a Road in Somerset County.
WHEREAS it is represented to this general assembly, by the petition of sundry inhabitants of
Somerset county, that it would be of public utility to make a certain road leading from Salis-
bury, in Somerset county, in the direction to Laurel, in the state of Delaware, a public road;
II. BE IT ENACTED, by the General Assembly of Maryland, That William Handy, senior, James
Ritchie, Shiles Crocket, William Stone and John Umpstead, or a majority of them, be and they are
hereby appointed commissioners to survey, lay out and open, at the expense of such persons as may
think proper to contribute thereto, a road, not exceeding twenty feet in width, beginning the said
road about a quarter of a mile from Salisbury, on the road to Vienna, and thence pursuing an old
road through Thomas Byrd's and John Maddox's plantations, and passing near a Baptist meeting-
house, leaving the same on the right hand, following the old road to Richard Waller's land, and
through the same, in the best and most convenient direction, to meet the Delaware road leading from.
Laurel to the divisional line between the two states; and the said commissioners, or a majority of
them, shall make out a plot of said road, and return the same to the clerk of Somerset 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, and the said commissioners, or a majority of them, shall have certified that the said road is in
a condition to be received as a public road, shall lor ever thereafter be deemed a public highway, and
kept in repair as other public roads in the said county.
III. AND BE IT ENACTED, That in case of death, resignation, 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
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 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 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, 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 da-
mages 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 there-
upon proceed to assess and value the damages accordingly, of which the said commissioners, or a ma-
jority of them, shall have had at least five days notice, and shall return the damages so assessed 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 conducted through any yard, garden or orchard, against the
will or consent of the owner, nor shall any field in which gram is growing be laid open until the crop
is ripe and may be taken away.
V. AND BE IT ENACTED, That the said commissioners as aforesaid shall be allowed eleven
shillings 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.
CHAP. CXXIII.
|
Passed 6th of
Jan. 1810.
|
