ROBERT WRIGHT, ESQUIRE, GOVERNOR. NOVEMBER.

CHAP. XLIII.

1808.

An ACT to lay out and open two public roads in Caecil county.

WHEREAS sundry respectable inhabitants of Caecil county have preferred a petition to this ge-
neral assembly, praying that two public roads be made in said county; and the prayer of the
said petitioners appearing reasonable, therefore,

Parsed 23d of
Dec 1808.

Preamble.

II BE IT ENACTED, by the General Assembly of Maryland, That the justices of Caecil county levy
court be and they are hereby authorised, upon application of a respectable number or the inhabitants
of said county, if the said court, upon consideration of all circumstances, shall be of opinion that
such roads would be of advantage to said county, to appoint five commissioners, which said commis-
sioners, or a majority of them, are hereby authorised to survey, lay out and open, said roads, one
to commence at Thomas Wallace's mill, on Octorara creek, thence to the south-west corner of the
Nottingham lot lands, then along and with the south end of said lots, until it intersects the public
road leading from Creswell's ferry, on the Susquehanna river, to the brick meeting-house in East
Nottingham, the other to commence on the last above-mentioned road, at or near John Brooke's
gate, thence to the public road leading from the aforesaid Creswell's ferry to Lancaster, at or near
the presbyterian meeting-house, on said road, in as straight a direction as the nature of the ground
will admit, and with as little injury to the individuals over whose land the same may pass as may
comport with public convenience; provided, the said roads shall not be laid out through the garden,
yard, meadow or orchard, of any person or persons, without his, her or their consent, in writing,
first had and obtained; and a plot of said roads, when so laid out and confirmed, together with a.
certificate of the courses of the same, shall be returned to the clerk's of Caecil county, there to be.
recorded.

Justices, on ap-
plication, to
appoint com-
missioners, &c.

III. AND BE IT ENACTED, That whan the plot of said roads shall have been confirmed and re-
corded as aforesaid, it shall and may be lawful for the levy court of said county, to levy upon the as-
sessable property in said county, a sum of money such as they shall deem necessary, under all cir-
cumstances, and to appoint an overseer or overseers to open and clear said roads, agreeably to the
plots and certificate aforesaid, who shall give bond in like manner as other overseers of public roads
in said county are directed to give bond, in like manner as other overseers of public roads in said
county are directed to give bond, and the said roads; when opened and cleared as aforesaid, shall
be, and the same are hereby declared to be, for ever thereafter, public roads, and shall be kept in
repair as other public roads in said county.

And levy mo-
ney, &c.

IV. AND BE IT ENACTED, That the said commissioners shall be entitled to receive the sum of
two dollars for every day they shall severally attend to discharge the duties required by this act,
which is hereby directed to be levied, collected and paid, as other county charges are levied, collect-
ed and paid.

Allowance to
commissioners.

V. AND BE IT ENACTED, That the said commissioners, or a majority of them, shall value and
ascertain the damages that may be sustained by each and every of the persons through whose lands
the said roads may pass, by opening the same, and the damages so ascertained, or in the event of
their being ascertained by a jury, shall be levied and assessed as other county charges are, and shall
Le paid over to the said persons respectively over whose lands the said roads may pass.

Damages to be
ascertained,

&c.

VI. AND BE IT ENACTED, That if any person or persons through whose lands the said roads shall
pass, or his, her or their guardian or trustee, shall conceive himself, herself or themselves, aggrieved
by such valuation and assessment of damages by the said commissioners, it shall and may be lawful
for any justice (if the peace of said county, of his, her or their application, to issue his warrant, un-
der his hand and seal, directed to the sheriff of the county, commanding him to summon twelve dis-
interested men, qualified by law to serve as jurors in the county court, to meet upon the premises
upon a certain day, of which ten days notice at least shall be given to the party or parties interest-
ed, and the said jurors when so met,, and having each first taken an oath before some justice of the
peace, that he will, without favour, affection, prejudice or partiality, assessed the damages sustained
by the person or persons at whose request such inquisition shall be taken, by reason of opening the
aforesaid roads through his, her or their lands, shall thereupon proceed to assess and value the da-
mages accordingly, taking into consideration the advantages and disadvantages, if any, and such in-
quisition and valuation shall be final and conclusive; but should the jury award a smaller sum for da-
mages than the commissioners had previously done, then and in that case the person or persons at
whose instance the inquisition was held shall pay all the legal costs and charges of said inquisi-
tion.

Persons ag-
grieved may
apply to a jus-
tice, &c.