1841.

LAWS OF MARYLAND.

CHAP. 44.

Road described.

hereby appointed commissioners, to survey, lay out and
open, by the best and most practicable route, a road, not
exceeding thirty feet in width, commencing at a point at
or near David Rice's blacksmith's shop, on the turnpike
road, five miles east of Cumberland; and running thence by
or near the residence of Frederick Rice, and crossing
Nicholl's Mountain, between the Little and Big Knobbs;
and thence crossing Williams' road, at a point a little west
of the place where said road crosses Collier's Run; and
running thence down the valley of Collier's Run, so. as to
intersect the Oldtown road, on the Chesapeake and Ohio
Canal, at some point between the mouth of Collier's Run
and Maccubbin's Lock, on the canal; and the said com-
missioners shall cause the said road to be surveyed by
the surveyor of Allegany county, who shall make out a
plot of the same, to be returned by said commissioners
into the clerk's office of said county, and there recorded
among the public records thereof.

Damages to be
ascertained.

How paid.

SEC. 2. And be it enacted, That the said commissioners,
or a majority of them, shall value and ascertain the dama-
ges that may be sustained by any person or persons through
whose land the said road may be made to pass, taking into
consideration the advantages, if any; and the damages sus-
tained, as well as the expenses of surveying, laying out
and opening said road, shall be levied, assessed and paid as
other county charges in said county are levied, assessed
and paid.

Compensation.

Oath of office.

SEC. 3. And be it enacted, That the said commissioners
shall be allowed the sum of two dollars per day, respec-
tively, for their services in laying out and opening said road;
and that they shall, respectively, before they proceed to
act, take an oath, or make affirmation, before some
justice of the peace of said county, that they will, without
favor, partiality or prejudice, assess the damages sustained
by the persons through whose land the said road may
pass.

Road to be pub-
lic highway.

SEC. 4. And be it enacted, That the said road, when so
laid out and opened, shall be thereafter deemed to be a
public road forever, and shall be kept in repair in the same
manner as other public roads are directed to be kept in
repair in said county.