EDWARD LLOYD, ESQUIRE, GOVERNOR. NOVEMBER.

1809.

II. BE IT ENACTED, by the General Assembly of Maryland, That Richard West, Elijah Years and
Basil Darby, or any two of them, be and they are hereby appointed commissioners to survey, lay
out and open a road, from the lower end of William Darnes's lane, nearly as the road now runs, to
a lane between John Golden's and Samuel Owing's plantation, and with said lane to the end thereof
to a stone, thence with the lines of the lands of Charles Gassaway and the heirs of Samuel Clagett
to a stone, thence with or near the lines of the lands of Samuel Clagett's heirs to a stone, thence to
the aforesaid mills, nearly as the road now runs, to intersect the public road leading from John Orme's
plantation to Montgomery court-house at or near the Union Mills; and a plot of said road, when,
surveyed and laid out, together with a certificate and courses of the same, shall be returned by the
commissioners to the levy court of Montgomery county, to be there recorded; and the said road,
when opened, shall for ever thereafter be deemed and taken to be a public highway, and repaired in
the same manner as other public roads in said county are repaired,

III. AND BE IT ENACTED, That on application of the party or parties interested, the said com-
missioners, or any two of them, shall ascertain and value what damages may be sustained by any
person or persons through whose land the said road shall pass, and the same, when so ascertained
and assessed, shall be paid, or secured to be paid, by the said petitioners, before the commissioners
appointed by this act shall proceed to open the said road; provided always, that if any person, or
persons through whose land the said road shall pass, or his, her or their guardian or trustee, shall
conceive themselves aggrieved by such valuation and assessment cf damages, it shall and may be law-
ful for the said commissioners, or any two of them, Co issue their warrant to the sheriff of the
county, to summon twelve disinterested freeholders of said county, to appear on the premises on a
day by them to be appointed, and the commissioners are hereby authorised to administer an oath to
every person so summoned, that he will, without favour, affection, partiality or prejudice, assess the
damages sustained by the person or persons at whose request such inquisition shall be taken, by rea-
son of opening said road through his, her or their land, and the persons so summoned and sworn shall
thereupon proceed to value and assess the damages accordingly, of which the said petitioners, or
some one of them, shall have five days previous notice at the least, and such inquisition shall be final
and conclusive between the parties.

IV. AND BE IT ENACTED, That the said commissioners shall not lay out or open the said road
through the buildings, gardens, yards, orchards or meadows, of any person or persons, without his
or their consent.

CHAP. XXI.

CHAP.
XX.

An ACT for the benefit of the Heirs of William Murphey.

WHEREAS it is represented to this general assembly, by the petition of James Murphey, of
Dorchester county, guardian of William Murphey, Mary Murphey, Levin Murphey, Eliza-
beth Murphey and Britania Murphey, minors, and children of William Murphey, late of the county
aforesaid, deceased, that the said William Murphey departed this life intestate, seized, in fee simple,
of and in a small tract of land, lying and being in Caroline county, containing about one hundred
acres of land, whereon are one house and some other improvements, in a state of decay: And where-
as it is represented, that the annual value of the said land is not sufficient to repair and keep up the
improvements on the same, and that great advantage would arise to the said William, Mary, Levin,
Elizabeth and Britania Murphey, heirs and representatives of the said William Murphey, deceased,
in their future maintenance and education, from the passage of a law authorising the sale of the said
land; therefore

II. BE IT ENACTED, by the General Assembly of Maryland, That the orphans court of Caroline coun-
ty shall have full power and authority, upon application of the said James Murphey, and on the part
of the said minors, and being satisfied that it is necessary, and will be of advantage to the said mi-
nors, to order the sale of the said land, upon such terms as the said court may think proper, and to
appoint a trustee for the purpose of effecting such sale.

III. AND BE IT ENACTED, That any sale made by the authority of the orphans court of Caroline
county, under this act, shall be notified to, and confirmed by, the orphans court of said county, be-
fore the conveyance of the property shall be made, and bond, with good and sufficient security, in
the name of the state of Maryland, to be approved of by the orphans court of Caroline county, shall
be given by the person empowered to sell the lands ns aforesaid, for the due execution of the trust to
him committed, which bond shall be lodged with the register of wills for the county aforesaid; and
the said bond shall be recorded, and be subject to be put in suit by any person or persons interested
for and on behalf of the said minors, in the same manner as administration bonds now are.

Passed 6th of
Jan, 1810.