ROBERT WRIGHT, ESQUIRE, GOVERNOR. NOVEMBER.

1806.

appointed commissioners, to survey, lay out, open and clear, at the expence of the petitioners, or
any part of them particularly interested therein, a road, not exceeding thirty feet in width, to com-
mence at or near a red house, the property of Daniel Swiggott, on the main road leading from the
Three Bridges to Collin's Cross Roads, and to run in the best and straightest direction that the
nature of the ground, and other circumstances will admit, until it intersects a new road leading
from, or passing by, Solomon Richardson's dwelling-house, in Caroline county; and the road su
opened at the expence of the petitioners as aforesaid, and the valuation herein after directed to be
made shall be paid, or secured to be paid, to the individuals concerned, shall be recorded among
the records of Caroline county court, and thereafter deemed and taken to be a public road for ever,
and shall be kept in repair in the same manner as other public roads in said county.

CHAP,

XXXV,

III. AND BE IT ENACTED, That the said commissioners may appoint one of their number as
treasurer, and give him a certificate, under their hands, of his appointment, who is hereby enjoin-
ed and empowered to collect and receive all monies subscribed, or that may be subscribed, for the
purpose of opening the said road, and such subscribers are hereby directed to pay their several sub-
scriptions to the treasurer appointed as aforesaid; and if any person shall neglect or refuse, when
applied to by the aforesaid treasurer, to pay his subscription money, the said treasurer may and he
is hereby authorised to sue for, recover and receive the same; and the said monies, when received,
shall be applied by the commissioners, or any three of them, to the purpose of this act.

Who may ap-
point a treasu-
rer, &c.

IV. AND BE IT ENACTED, That the commissioners aforesaid shall ascertain and value what da-
mages may be sustained by any person or persons through whose lands the said road may pass, by
opening the same, and the said valuation shall Le made before the said commissioners shall proceed
to open the same; provided always, that if any person or persons through whose land the said road
shall pass, or his, her or their guardian or trustee, shall conceive themselves aggrieved by such va-
luation and assessment of damages by the said commissioners, it shall and may be lawful for any
justice of the peace of the said county of Caroline, on application of the party interested, to issue his
warrant, under hand and seal, directed to any constable of the county, commanding him to summon
any five freeholders, disinterested as to the said road, to appear, on a day by him to be appointed,
on the land of the person making application as aforesaid, and the said freeholders, having first
made oath before some justice of the peace, that they will, without favour, affection, prejudice or
partiality, assess the damages sustained by the person or persons at whose request such inquisition
shall be taken, by reason of opening the aforesaid road through his, her or their land, shall there-
upon proceed to assess and value the damages accordingly, of which the said commissioners shall
have had at least five days previous notice, and shall return the damages so asssesed to the said jus-
tice of the peace, and such inquisition and valuation shall be final and conclusive; and the party or
parties in whose favour the valuation ascertained by the said commissioners, or the damages assess-
ed by the said freeholders, shall be made, shall be entitled to receive the same from the said com-
missioners; and the said commissioners shall pay, or secure to be paid, the amount of the said
valuation or damages to the respective parties entitled to the same, out of the monies to be raised
and collected from the subscriptions to the said road, within the space of six months after the as-
sessment of such valuation or damages, and before they shall proceed to affect the hinds and tene-
ments of the person or persons concerned; provided, that the said road shall not go through any
houses, gardens, yards, meadows or orchards, unless with the consent of the owner thereof.

CHAP. XXXVI.

And ascertain
damages, &c.

An ACT authorising the proprietors of the French-town and New-
Castle water and land stages to open a road from French-town, in.
Caecil county, to intersect the divisional line between this state and
the state of Delaware, at a road laid out by the commissioners of
New-Castle county, in the state of Delaware.

Passed 3d of
Jan. 1807.

WHEREAS it has been represented to this general assembly, by a great number of respectable
inhabitants of Caecil county, that the communication established between Baltimore and Phi-

ladelphia, by way of French-town, on Elk river, and New-Castle, on the Delaware river, lias
become an object of great public importance and utility, and that there never has been a public road
said out from French-town to the county road, called the Back Creek Road, and that there is much
delay and hinderance experienced by the circuitous road they are now compelled to use, and that
this great inconvenience can be remedied by this general assembly enacting a law, authorising cer-
tain commissioners to lay out a road from French-town, to intersect a road in the Delaware state,

Preamble.