FRANCIS THOMAS, ESQUIRE, GOVERNOR.

1841.

burg to Greenfield mills, thence from some point on said
road to the mouth of Colemore Offut's lane, and from
thence to intersect the road leading from Barnesville to the
mouth of the Monocacy river, in Montgomery county; and
the said commissioners or a majority of them, shall make
out a plat of that part of the road through Frederick coun-
ty, and return the same to the clerk of the county court of
Frederick county, to be recorded among the records of said
county, and they shall also, in like manner, make out a plat
of that part of the road through Montgomery county, and
return the same to the clerk of Montgomery county court,
to be recorded among the records of said county, and the
said road when so 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 said
counties.

CHAP. 283.

Sec. 2. And be it enacted, That the expenses of sur-
veying and opening that part of said road in Frederick
county, shall be paid by Frederick county, and the expen-

Opening road
to be paid by
Frederick
county.

ses of surveying and opening that part of said road in Mont-
gomery county, shall be paid by Montgomery county, and
the levy court or commissioners of said counties, as the
case may be, are hereby authorized and required, on re-
ceiving from the commissioners appointed or a majority of
them, an account on oath or affirmation of the said expen-
ses, including an allowance of two dollars a day to the com-
missioners for their services, to levy the same on the asses-
sable property of said counties respectively, to be collected

Surveying
road to be
paid by Mont-
gomery.

as other county charges are now collected.
Sec. 3. And be it enacted, That the said commissioners
or a majority of them, shall value and ascertain the damage
that may be sustained by any person or persons through
whose land the said road may pass, taking into considera-
tion the advantages and disadvantages, (if any, ) and the da-
mages so ascertained, shall be levied and assessed as the
other county charges in said counties are; and shall be paid
by the counties wherein such damages may be sustained, to
the persons thereunto entitled.

Commission-
ers shall va-
lue damages.

Sec. 4. And be it enacted, That the said commissioners
before they proceed to act, shall take an oath or affirmation
before some justice of the peace, that they will without fa-
vor, partiality or prejudice, assess the damages sustained
by the person or persona through whose lands the said road
may pass.

21*

Oath.