WILLIAM GRASON, ESQUIRE, GOVERNOR.

1838.

ted, through the farm of said Cramer, but which is

not yet opened, and to ascertain and report to said
court, whether the same can be so altered and changed
as to inflict less injury on the said Cramer, without

CHAP. 266.

affecting the public convenience; and if the said com-
missioners or a majority of them, shall be of opinion

that said part of said road can be so altered, and shall
so report to the said court, the said court shall order

the location of said road to he changed accordingly;

Change authorised.

and the said commissioners shall ascertain and report
the amount of damages, that the said Cramer, and any
other person, through whose land said road shall pass,

Ascertain and re-

port damages.

will sustain, by the opening of the same, and the said
damages shall be paid in the same manner as is pro-
vided by the act, entitled, an act to regulate the
manner of obtaining and altering public roads in this

State, passed at December session eighteen hundred

and eighteen, chapter eighty-nine, and the supple-

How paid.

ments thereto; and such damages so ascertained, so
far as regards the said Cramer, shall bo received by
him in lieu of the damages now assessed for him on ac-
count of the present location of said part of said road.

Cramer's portion.

Sec. 2. And be it further enacted, That if the said
commissioners, or a majority of them, shall report un-
favorably to any alteration of said road from its pres-

ent location, that then and in that event, the same shall

Case of their disap-

proving of a

change.

not be altered or changed, unless the said Cramer, can

by sufficient proof, satisfy the said court that the facts
stated in the petition, claiming the alteration, are true,
and that such alteration ought to be made, in which

Appeal to Levy

court.

event the said court shall order accordingly, and shall
assess the damages, if any. to be paid to said Cramer,
or any other person through whose land the said road
may pass, and order them to be paid as other damages,
as hereinbefore stated.

Discretionary pow-

er to them.

Sec. 3. And be it further enacted, That the said road
as now located shall not be opened through the farm of

said Cramer, until after the meeting of the next levy

court of said county, and until the said Cramer has
filed his petition, and had the same disposed of by
said court, as hereinbefore directed; provided that
said Cramer, files the same at the next meeting of said
court and proceeds under the same with as little delay
as practicable.

Opening deferred.