1807.

NOVEMBER. LAWS OF MARYLAND.

CHAP.

CXLV11I.

III. AND, whereas the road from Gravelly hill on the Reister's-town turnpike road, to Philemon
Barnes's plantation on the Frederick county line, is obstructed by fences, and it appearing to this
general assembly that the persons owning the lands where the obstructions are would be materially
injured, and it being reasonable that damages should be allowed where actually sustained, therefore,

Court, on ap-
plication, to ap-
point five per-
sons, &c.

BE IT ENACTED, That on the application of any person or persons conceiving himself, herself or
themselves injured, by reason of removing the obstructions now existing on the road leading from
Gravelly hill to Philemon Barnes's plantation, to the levy court of Baltimore county, they, or a ma-
jority of them, are hereby authorised and required to appoint five persons, freeholders in, and resi-
dents of, the county aforesaid, to value and ascertain the damages, on oath, that such person or
persons may sustain, taking into consideration all the advantages and disadvantages, if any, which
shall be final, and return such valuation to the clerk of Baltimore county court; and the levy court
of Baltimore county, at their next annual levy, are authorised and required to levy the amount of
said damages on the assessable property of said county, to be collected and paid over to the respec-
tive persons to whom the said damages, if any, shall be awarded, in the same manner as other
county charges are levied, collected and paid.

Justices to ap-
point persons,
&c.

IV. AND BE IT ENACTED, That the said justices of the levy court, upon the 'application of any
person or persons through whose land the new location of the said public road from the city of Bal-
timore to the town of Belle-Air, in Harford county, shall pass, stating himself to be injured thereby,
be and they are hereby authorised and required to appoint five persons, freeholders and residents of
Baltimore county aforesaid, to value and ascertain, on oath, the damages sustained by such person
or persons as aforesaid, taking all advantages and disadvantages into consideration, a statement of
-which valuation shall be returned, in writing, under the hands and seals of the persons making the
same, to the office of the clerk of Baltimore county; and the said justices of the levy court are
hereby required to levy the amount of such damages upon the assessable property of said county,
and cause the same to be collected in the same manner that other county levies are, and when col-
lected, the same shall be paid over to the person or persons authorised to receive the same.

CHAP. CXLIX.

Passed 20th of
January, 1808.

An ACT for the benefit of John Schnebly, Jacob Schnebly, David
Schnebly, and the children of Jacob Barnett, of Washington
county, devisees of doctor Henry Schnebly, late of said county.

Preamble.

WHEREAS it is represented to this general assembly, that doctor Henry Schnebly, late of
Washington county, died seized of, and entitled to, a considerable estate in fee-simple,
leaving as his heirs one grandson, to wit: Daniel Schnebly, the son of Henry. Schnebly, then dead;
three sons, to wit: John Schnebly, Jacob Schnebly and David Schnebly, now living, and ten grand-
children, the descendants of his deceased daughter, Elizabeth Barnett; that the said doctor Henry
Schnebly made his last will and testament, in writing, duly executed, wherein and whereby he de-
vised to his grandson, Daniel Schnebly, son of Henry, certain lands therein specified, in tail, and
certain personal property, to which devise he added words excluding the said Daniel from any fur-
ther participation in his estate, and devised other parts of his estate to his sons John, Jacob and
David, and to his ten grandchildren, the descendants of Elizabeth Barnett, respectively, by which
said last four before-mentioned devises he meant to pass fee-simple estates to the respective devisees,
but from the inaccuracy of the expression in said will, it is apprehended that the same only gives
life estates to the devisees respectively named; to remedy which the said heirs have presented a pe-
tition to this general assembly, praying that an act may pass enlarging the estates respectively de-
vised in and by the said will to John Schnebly, Jacob Schnebly, David Schnebly, and the children
of Elizabeth Barnett, into estates in fee-simple, which is thought reasonable, in as much as the
devisor has made an equal distribution of the residue of his estate, not devised to his grandson
Daniel Schnebly, between his three sons aforesaid, and the children of his deceased daughter Eli-
zabeth; therefore,

Devise to be
taken as a de-
vise in fee-sim-
ple, &c.

II. BE IT ENACTED, by the General Assembly of Maryland, That the devise in the will aforesaid of
him the said doctor Henry Schnebly, late of Washington county, of certain lands to his son John
Schnebly, by name, shall be deemed and taken, to all intents and purposes, as a devise to him the
said John Schnebly, and his heirs, in fee-simple; that the devise in the said will of certain lands to
the children of the testator's late daughter, Elizabeth Barnett, shall be deemed and taken, to all
intents and purposes, as a devise to them, the said children of Elizabeth Barnett, deceased, and
their heirs, in fee-simple, as tenants in common; that the devise in the said will of certain lands to
the said testator's son, Jacob Schnebly, by name, shall be deemed and taken, to all intents and pur-