ROBERT BOWIE, ESQ. GOVERNOR

49

AND BE IT ENACTED, That the commission-
ers aforesaid, or a majority of them, shall ascertain
and value (if required) what damages may be sustain-
ed by any person or persons over whose land the said
road may pass, taking into consideration the advanta-
ges and disadvantages (if any; ) and the valuation shall
be made and the amount thereof paid as aforesaid to
the parties respectively interested, before the said
commissioners" or a majority of them shall proceed to
open the said road; Provided always, That if any per«
son or persons through whose land the said road may
pass, or his, her or their guardian or trustee shall con-
ceive himself, herself or themselves aggrieved by such
valuation and assessment of damages by the said com-
missioners, it shall and may be lawful for any justice
of the peace for said county, on application of the
party interested, or his, her or their guardian or trus-
tee, to issue his warrant, under his hand and seal, di-
rected to any constable of the county, commanding
him to summon twelve freeholders, uninterested in
the opening of the said road, to appear on a day by
the said justice to be appointed, on the land of the
person or persons making application as aforesaid, or
for whose benefit such application shall be made; and
the said freeholders having first made oath before some
justice of the peace, that they will, without favour,
affection or partiality, assess the damages sustained by
the person or persons at whose request such inquisi-
tion 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 disadvan-
tages, (if any; ) of which the said commissioners, or a
majority of them shall have at least five days notice,
and shall return the damages so assessed to the said
justice of the peace, and such inquisition and valuation
shall be final and conclusive; Provided, That the said
road shall not pass through any house, yard, garden or
orchard, without the consent of the owner or owners
thereof.

1811.

Commissioners
shall ascertain
damages. Per-
sons aggrieved
may apply to a
justice. His
duty, &c.

CHAPTER 64.

An act for the relief of William Sherer of Chester
County, in the state of Pennsylvania.

Passed Dec, 27,
1811.

WHEREAS, A petition has been received from
William Sherer, of Chester county, and state of Penn-
sylvania, Catharine Mackey, (widow of James Mac-
key, Esquire, ) David Mackey, junior, James Mackey,

Preamble.