WILLIAM GRASON, ESQUIRE, GOVERNOR.

1838.

sey, Nicholas J. Wat. kins and Eli Lusby, be, and they
are appointed commissioners, and they, or any three

CHAP. 163.

of them, are hereby authorised and empowered, to
change the line of the county road, leading from the
City of Annapolis to the, City of Baltimore, from the
point where the Annapolis and Elk Ridge Rail Road
intersects the line of the farm of Leonard Iglehart,
nearest to the City of Annapolis, and to locate the said
public road parallel with, and contiguous to the An-
napolis and Elkridge Rail Road, through the lands of
said Leonard Iglehart, John T. Hodges and Nicholas
B. Worthington, and also to change said public road,
through the land of Absalom Bealmear and wife, ac-
cording to a plot thereof, made out by the engineer of
the Annapolis and Elk Ridge Rail Road company.

Authority to

change location.

Sec. 2. And be it enacted, That said commissioners,
or such of them as shall act, shall assess and ascertain
the damages to be paid by the said parties applying for
the passage of this act, ana by the Annapolis and Elk

To assess damage.

Ridge Rail Road company; provided, that the damages
to be assessed to the Annapolis and Elk Ridge Rail
Road company, shall in no case exceed one half of the
whole assessment, on account of making the altera-
tions of the road, through the lands of any of the said
parties applying for this law, respectively, nor in the
whole, more than the chief engineer of the company
shall certify in writing, would have been the saving to
the company, in the cost of cutting and filling, so as
to afford convenient passages over the rail road, where
it is crossed by the present public road.

Limitations.

Sec. 3. And be it enacted, That the cost of making
said alterations through the lands of the said Absalom
Bealmear and wife, shall be paid by the Annapolis and
Elk Ridge Rail Road company, to be ascertained by
said commissioners.

Cost on Bealmear's

land.

Sec. 4. And be it enacted, That the said parties
shall erect and keep, up, at their own expense, a good
and sufficient fence between the said rail road and the
public road, and in estimating and assessing the dam-
ages, the cost of erecting and keeping up said fence
shall not be estimated.

Fences to be kept

up.

Sec. 5. And be it enacted, That said commissioners
and each of them who shall act, before he acts as such,
shall take an oath, or affirmation, well and truly to

Oath required.