1837.

LAWS OF MARYLAND.

CHAP. 165.

sioners shall not locate any part of said road parallel
with the head race of said Ely's mill, unless it be lo-
cated at least twenty perches northwest of said mill
race, unless the consent of the proprietors be first had
and obtained; and the said commissioners shall make
out a plat of that part of the road through Baltimore,
county, and return the same to the commissioners of
the county, to be recorded as other county roads are
recorded; and they shall likewise make out a plat of
that part of said road through Carroll county, to be
recorded among the records of said county, as other

Public road.

county roads are recorded; and when the said -road
shall be so opened, it shall thereafter be deemed to be
a public road forever, and shall be kept in repair in
the same manner as other public roads are directed to
be kept up in said counties.

Expense appro-
priated.

SEC. 2. And be it enacted, That the expense of sur-
veying, locating and opening said road shall be paid
by Baltimore and Carroll counties, in proportion to

Levy directed.

the distance it may pass through each county; and the
commissioners of Baltimore and Carroll counties are
hereby authorised and required, on receiving from the
road commissioners aforesaid an account, on oath, of
the expenses as aforesaid, including an allowance of.

Compensation.

two dollars per day to the commissioners for their ser-
vices, to levy the same in proportion hereinbefore men-
tioned, on the assessable property of said counties, to
be collected and paid over as other county charges are
now collected and paid over.

Value damages.

SEC. 3. And be it enacted, That the said commis-
sioners, or a majority of them, shall value and ascer-
tain the damages that may be sustained by any person
or persons through whose land the said road may be
made to pass, taking into consideration the advantages
and disadvantages, if any, and the damages so ascer-

Levy and pay-
ment.

tained, shall be levied and assessed as other county
charges in said counties are, and shall he paid by the
county wherein such damage may be sustained.

Oath required.

SEC. 4. And be it enacted That the said road com-
missioners, before they proceed to act, shall take, an
oath or affirmation, before some justice of the peace,
that they will without favor, partiality or prejudice,
assess damages sustained by the persons through
whose land the said road may pass as aforesaid.