8

LAWS OF MARYLAND.

1811

to be therein expressed; which said freeholders, upon
their oaths, to be administered by some justice of the
peace', shall inquire and ascertain what damages, if
any, said Smithson has sustained by reason of the said,
road having been located and opened through his
lands; and the said freeholders are hereby required
to consider the convenience, benefit, advantages and
disadvantages occasioned by opening said road; and
the constable shall return the verdict of said jury, or of
the majority of them, under their hands and seals, t©
the levy court of Harford county, who shall levy the
amount of damages (if any) therein expressed, on the
assessable property of said county, to be collected and
paid to said Smithson or his order.

CHAPTER 10.

Passed Dec. 27,
1811.

An Act to lay out and open a Road in Frederick
county.

Preamble.

WHEREAS, it is represented to this General As-
sembly, by the petition of sundry inhabitants of Mid-
dletown Valley, Frederick county, that they labor un-
der great disadvantage for want of a public road to
convey their produce to the turnpike: Therefore,

Appointing
commissioners
to open said
road at the ex-
pense of the
county— its
width, direc-
tion, &c.

BE IT ENACTED by the General Assembly of
Maryland, That Robison Eastburn, Lewis Bierley and
John Toup be, and they are hereby appointed commis-
sioners, and they or a majority of them are hereby au-
thorised, as commissioners, to lay out and open, at the
expense of said county, a road not exceeding twenty-
five feet in width, from near the mouth of John Toup's
lane to Bierley's mill, thence to intersect the main
road leading from Hager's Town to Frederick, in the
most convenient place, between Poffenberger's smith-
shop, and where James Neale now lives, so as to do
as little injury as possible to the lands through which
It may pass: Provided, That the said road shall net
pass through any houses, gardens, orchards or mea-
dows, without the consent of the owners thereof, and
that the said road when so laid out and completed,
shall be recorded among the land records of said coun-
ty, and be thereafter deemed and taken to be a pub-
lic road, and shall be kept in repair as other roads in
said county are directed to be.

Commissioners
shall ascertain
the damages

AND BE IT ENACTED, That the commission-
ers aforesaid, or a majority of them, shall value and
ascertain the damages that may be sustained by any