ROBERT BOWIE, ESQ. GOVERNOR

97

or reject the same or any part thereof; and the levy
court shall levy on the assessable property of Prince
George's county the expense of the commissioners for
viewing and surveying said road; and if the levy
court shall confirm the said road agreeable to the re-
turn of the commissioners, and cause the same to be
recorded, the levy court shall then appoint a supervi-
sor or supervisors to clear and open said road, not ex-
ceeding thirty feet in width; and may levy the expense
of said road upon the assessable property of Prince
George's county, or should the levy court be of opinion
that said road is not of public utility, but is only calcu-
lated to serve private individuals, in that case the
court shall grant said road on the application of the
petitioners, they paying all damage and expense of
said road, and the levy court shall thereupon confirm
the said road, and have it recorded, and it shall then
be kept open and repaired as other public roads are in
Prince George's county.

1811.

AND BE IT ENACTED, That if the person or
persons over whose land the said road shall pass.. shall
think himself, herself or themselves aggrieved by the
valuation or assessment of damages of the commission-
ers aforesaid, then the person or persons so aggriev-
ed may apply to a justice of the peace of said county,
to issue his warrant, directed to a constable, command-
ing him to summon five freeholders to appear on the
premises on a day to be mentioned in the warrant, to
assess and value the damages which the party or par-
ties may sustain by the road passing over his or her
land, which assessment and valuation of damages shall
be filial and conclusive; and which damages shall be
paid or secured to be paid to the person or persons en-
titled to receive the same, before the commissioners
shall proceed to lay out said road; Provided, The
said road shall not pass through the yard, garden, or-
chard or meadow of any person or persons, without

bis, her or their consent.

CHAPTER 125,

Persons aggriev-
ed may apply
to a justice of
the peace—he
shall summon a
jury — their du-
ties, &c.

An act to change and alter the name of Elisha
Fergusson, of Prince George's county, to Elisha
Berry.

Passed Dec. 27,
1811.

BE IT ENACTED. by the General Assembly of
Maryland, That the name of Elisha Furgusson, of
Prince George's county, be, and is hereby changed
and altered unto the name of Elisha Berry; and it

Name confirm-
ed to him and
his issue.