166

LAWS OF MARYLAND

1812.

clerk of Queen Anne's county, to be recorded among
the records of said county; and when the same shall
have been laid out, cleared and opened, as di-
rected by this act, the said road shall forever there-
after be deemed free for ingress, egress and regress,
to the said farm of the petitioner, from the said public
road leading from the Beaver Dam road, to Sudler's
Cross Roads.

Vacancies may
be supplied by
the surviving
commissioners

AND BE IT ENACTED, That if any of the com-
missioners named in this act shall die, resign or re-

fuse to act, the remaining commissioners, or a majori-
ty of them, shall, and they are hereby authorised to
supply such vacancy by the appointment of another
person.

Commissioners
shall ascertain
Damages.

AND BE IT ENACTED, That the said commis-
sioners, or a majority of them shall ascertain and va-
lue what damages may be sustained by any person or
persons through whose land the said road shall pass,
taking into consideration the advantages and disad-
vantages, if any, and the same, when so assessed,
shall be paid or secured to be paid by the said Moses
Ruth, to the person or persons entitled to receive the
same, before he shall proceed to open the same.

Persons consid-
ering them-
selves aggrieved
may apply to a
justice of the
peace — he may
issue his war-
rant to summon
a jury— their
duty.

AND BE IT ENACTED, That if any person or
persons through whose lands the said road shall pass,
or his, her or their guardian or representative shall
conceive himself or herself aggrieved by such valua-
tion and assessment of damages by said commission-
ers, it shall and may be lawful for any justice of the
peace, on his or her application, to issue his warrant
directed to the constable of the hundred, commanding
him to summon twelve disinterested men, qualified 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 parties interested; and
the said jurors, when so met, (and having each taken
an oath before some justice of the peace, that he will?
without favor, affection, prejudice or partiality, assess
the damages sustained by the person or persons at
whose request such inquisition shall be taken, by rea-
son of opening the said road through his, her or their
land, ) shall thereupon proceed to assess and value the
damages, accordingly; and such inquisition and valu-
ation shall be final and conclusive between the parties
respectively; Provided, That the said road shall not
be opened through the buildings, gardens, yard or
orchard of any person, without his or her consent,