1806.

NOVEMBER. LAWS OF MARYLAND.

CHAP.
LIV.

commissioners who perform the duties imposed by this act, and cause the same to be collected and
paid over to the persons entitled to the same, as contemplated by this act.

Justice may is-
sue his war-
rant, &c.

IV. AND EE 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 aggrieved
by such valuation and assessment of damages by the said commissioners, 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 sheriff of the county, commanding him to summon twelve disinterested
men, qualified by law to serve as jurors in the county court, to meet upon the premises, on a certain
day, of which six days notice at least shall be given to the party or parties interested, 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 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 thereupon proceed to assess and value the damages accordingly,
taking into consideration the advantages and disadvantages, if any, and such inquisition and valua-
tion shall be final and conclusive; provided, that the said road shall not be opened through the
buildings, gardens, yards, meadows or orchards, of any person, without his, her or their consent.

CHAP. LV.

Passed 3d of
Jan. 1807.
Chief judge to
determine cer-
tain, suits, &c.

An ACT concerning the chancery court.

BE IT ENACTED, by the General Assembly of Maryland, That in any suit in the chancery court in
which the chancellor for the time being may have been counsel, or have given his opinion, and
on that account may conceive that he cannot conscientiously act thereon, and shall so certify in
writing, the same shall be heard and determined by the chief judge of the third judicial district, or
by the court thereof, at the election of the complainant, and all interlocutory and other orders in
such cases shall be made by the said chief judge, which determinations and orders shall have the
same effect as if made by the chancellor, and such decree shall be subject to appeal in like manner.

His opinion
may be re-
quired, &c.

II. AND BE IT ENACTED, That the chancellor may require the opinion of the chief judge of the
said district on any question of law which may arise in any suit in chancery, and in which, accord-
ing to the usual practice, such opinion may be thought necessary; and that it shall be the duty of
the said chief judge to express, in writing, such opinion; provided, that in case of such opinion
being given, or in the case of any decree or order made by the said chief judge, or by the court, he
being sitting therein, the said chief judge shall withdraw from the bench upon the deciding of the
same case before the court of appeals.

Passed 3d of
Jan. 1807.
No free negro
shall emigrate
to this state,
&c.

CHAP. LVI.

An ACT to prohibit the emigration of free negroes into this state.

BE IT ENACTED, by the General Assembly of Maryland, That no free negro or mulatto shall emi-
grate to, or settle in, this state, after the passage of this act, under the penalty of ten dollar;
for every week any such person shall remain in the state after the expiration of two weeks, and any
free negro or mulatto who shall refuse or neglect to pay the fine imposed by this act, or who shall
not give such security to any justice of the peace of the county in which they shall be found, for
his departure from this state within two weeks, as the judge or judges of the county court, or the
said justices, shall approve of, shall be commuted to the gaol of the county, and may be sold there

from by the sheriff of the county, alter ten days notice of such sale, for a term sufficient to pay the
fines herein imposed, with the costs.

Penalty on
luring or em-
ploying them,

&c.

II. AND BE IT ENACTED, That no person in this state shall hereafter hire, employ or harbour,
any free negro or mulatto who shall emigrate to, or settle in, this state, after the passage of the
act, under the penalty of five dollars for every day any such free negro or mulatto may be so em-
ployed, hired or harboured; and all fines incurred under this act may be recovered in any of the
county courts, by action of debt, bill of indictment, or information, with costs, and shall be col-
lected as other fines and forfeitures now are, and applied to the use of the county.

Not to extend
to sailors, &c.

III. AND BE IT ENACTED, That nothing herein contained shall be construed to extend to s n
free negro or mullatto that may be engaged in navigating any ship or vessel, or any wagoner or mes-
senger, while in the actual employment of any person not living in this state.

Act to be given
in charge &c.

IV. AND BE IT ENACTED, That it shall be and it is hereby made the duty of the presiding judge
in each court, to give this act in charge to the grand jury, on the first day of the meeting of every
county court.