a1808.

NOVEMBER, LAWS OF MARYLAND.

Passed 24th of
Dec. 1808.

CHAP. LXXVI.

An ACT to make valid a deed from Charlotte Murray to John Mur-
ray, of Dorchester county.

Preamble.

WHEREAS it is represented to this general assembly, by the petition of John Murray, of Dor-
chester county, that his brother William Vans Murray, late of Dorchester county, deceased,
did, by his last will and testament, device certain real estate, lying in the county aforesaid, to his
wife, Charlotte Murray, who was born in the dominions of the king of Great-Britain, and although
then residing in the state of Maryland, had never been naturalized as a citizen of America: And
whereas it is also represented by the said John Murray, that t h s said Charlotte Murray hath sold, and
conveyed to him by deed, the real estate aforesaid, devised to her by her said husband, and it is ap-
prehended that the said real estate may be liable to be escheated from the circumstance of the said
Charlotte Murray having been an alien at the time of making the conveyance aforesaid, and the said
John Murray praying that his title to the said estate may be confirmed so far as the state may be in-
terested therein; therefore,

Deed to have
validity, &c.

II. BE IT ENACTED, by the General Assembly of Maryland, That the deed heretofore executed by
Charlotte Murray, late of Dorchester county, to John Murray, of the county aforesaid, bearing
date on the twenty-sixth day of December, in the year eighteen hundred and two, conveying certain
real estate therein mentioned, which was devised to her by late husband William Vans Murray,
shall have the same validity and effect, to all intents and purposes, as if Charlotte Murray, grantor
of the same, had been a natural born or naturalized citizen of this state at the time of the devise so
as aforesaid made to the said Charlotte Murray; provided, that nothing herein contained shall be
taken or construed to affect the right or title of any other person acquired in or to the said real
estate.

CHAP. LXXVII.

Passed 24th of
Dec. 1808.

An ACT to lay out and open a road in Prince-George's county and
part in Montgomery county.

Commissioners
appointed, &c.

BE IT ENACTED, by the General Assembly of Maryland, That Josiah Jones, John Woodward, James
Ray, Robert Edmonston and Thomas Richardson, be and they hereby appointed commissi-
oners to survey, lay out and open, at the expense of the petitioners, or other persons interested
therein, who may subscribe to the same, a road, not exceeding thirty feet in width, in the best and
straightest direction, taking all circumstances into consideration, from Crow's mill, in Anne-Arundel
county, on the Patuxent river, by Bussard's mill on the Paint Branch, and by the Adelphi mills on
the north-west branch in Prince-George's county, until it intersects the line of the district of Colum-
bia; and the said commissioners are hereby required to make a plot of the road, so as aforesaid
directed to be laid out and opened, and return the same to the clerks of Prince-George's and Mont-
gomery county courts, to be recorded amongst the land records of said counties; and the said road,
when so laid out and opened at the expense of the petitioners, or others interested, and the valua-
tion herein after directed shall be paid, or secured to be paid, to the individuals concerned, shall be
thereafter deemed to be a public road for ever, and shall be kept in repair in the same manner as
other public roads are directed to be kept in said counties.

How vacancies
are to be filled.

II. AND BE IT ENACTED, That in case of death, resignation, disqualification, or refusal to act,
of any of the commissioners aforesaid, the remaining commissioners, or a majority of them, shall
and they are hereby authorised and directed to fill up such vacancy or vacancies.

Damages to be
ascertained,
&c.

III. AND BE IT ENACTED, That the commissioners aforesaid, or a majority of them, shall as-
certain and value, if required, what damages may be sustained by any person or over whose
lands the said road may pass, by opening the same, and the valuation shall be made before the said
commissioners shall proceed to open the said road; provided always, that if any person or persons
through whose lands the said road may pass, or his, her or their guardian or trustee, shall conceive
themselves aggrieved by such valuation and assessment of damages by the said commissioners, it shall
and may be lawful for any justice of the peace of said county, on application of the party interested,
or his, her or their guardian or trustee, to issue his warrant, under his hand and seal, directed to
any constable of the county, commanding him to summon twelve freeholders, uninterested in the
opening of the said road, to appear, on a day by the said justice to be appointed, on the land of the
person or persons making application as aforesaid, or for whose benefit such application shall be made;
and the said freeholders, having first made oath before said justice of the peace, that they will,
without favour, affection or partiality, assess the damages sustained by the person or persons at whose