CHAP.
LXIV.
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dennen and William Whiteford, were appointed to examine the situation of the neighbourhood lying
between Slack's tavern, in Baltimore county, and the upper cross roads in Harford county, and re-
port to the next general assembly whether a road commencing at or near Thomas Hope's, and thence
running until it intersects the road leading from Slade's tavern to Cromwell's bridge, would, it
opened and laid out, be conducive lo the public convenience, and if they should be of opinion it would
be proper to open the said road, that they should make a location of the same, and return it with
their proceedings to the next general assembly: And whereas the said commissioners did, in pursu-
ance of the authority vested in them by the said resolution, take into consideration the situation of
the neighbourhood, and were unanimously of opinion than the public convenience required that a
road should be opened in the place contemplated by the said resolution, and having located the same
have made return thereof to this general assembly, under their hands and seals: And whereas this
general assembly are willing to promote the public convenience, therefore,
II. BE IT ENACTED, by the General Assembly of Maryland, That the plot and survey of the road
returned by the commissioners aforesaid, so far as the same may lie between Thomas Hope's and the
Little Falls of Gunpowder, in Harford county, and from said Falls to a stake placed in the ground
on the east side of the road leading from Slade's tavern lo Cromwell's bridge, near Captain Hitch-
cock's in Baltimore county, be and the same is hereby confirmed, and the said road is hereby de-
clared to be a public road, and shall be kept in repair as other public roads in said counties are kept
in repair; and the levy court of Harford county are hereby empowered and directed, to assess and
levy on the assessable property of said county, at their next meeting after said plot shall be returned
and the damages ascertained, a sum sufficient to open and clear said road, and pay the damages, so
far as the same runs through Harford county, and to appoint an overseer to open the same.
III. AND BE IT ENACTED, That William C. Goldsmith, Abraham Cole, John S. Belt, John
Clendennen and William Whiteford, or a majority of them, shall ascertain and value what damages
may be sustained by any person or persons through whose land the said road has been laid, from the
Little Falls of Gunpowder to a stake placed on the cast side of the road leading from Slade's tavern
to Cromwell's bridge, near Captain William Hitchcock's, in Baltimore county, taking into conside-
ration all advantages and disadvantages, if any, and the same, when so assessed, shall be paid, or
secured to be paid, by the person or persons applying to have the said road laid out, to the person
or persons entitled to receive the same; and the parties applying for said road, when they shall have
paid, or secured to be paid, the damages assessed as aforesaid, may proceed to open and clear the
said road, and the levy court of Baltimore county, at their next meeting after said road shall be so
laid out, opened and cleared, shall appoint an overseer to keep said road in repair, so far as the
same shall be in Baltimore county.
IV. AND BE IT ENACTED, That each commissioner herein named shall be entitled to receive
two dollars per day for each and every day they shall attend to discharge the duties required by this
act.
V. AND BE IT ENACTED, That if any person or persons through whose land the said road shall
pass, or his, her or their guardian or trustee, shall conceive himself, herself or themselves, ag-
grieved by such valuation and assessment of damages by the said commissioners respectively, it shall
and may be lawful for any justice of the peace, on his, her or their application, to issue his warrant,
under his hand and seal, directed to the sheriffs of said counties, commanding them to summon six
disinterested men, qualified by law to serve as jurors in the county courts, to meet upon the pre-
mises on a certain day, of which six days notice at least shall be given to the party or parties inte-
rested; 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, assess the damages sus-
tained by the person or persons at whose request such inquisition shall be taken, by reason of open-
ing the aforesaid road through his, her or their land, shall thereupon proceed to assess and value
the damages accordingly, taking into consideration the advantages and disadvantages, if any, and
such inquisition and valuation shall be final and conclusive between the parties respectively; pro-
vided, the person or persons summoning a jury shall pay all cost and expense of said jury in case the
jury does not award a greater sum than was assessed by the commissioners aforesaid.
VI. AND BE IT ENACTED, That the said commissioners, or a majority of them, are hereby re-
quested and directed, to return a plot of said road to the clerks of Harford and Baltimore counties,
to be by them recorded among the public records of said counties.
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