LEVIN WINDER, ESQ. GOVERNOR

109

and have the same surveyed, and plain plots made of
the same, and return the said plots to the levy court
of the county aforesaid, under their hands; and said
commissioners shall have full power to bargain and
contract with any person or persons over whose lands
the said road may pass, or adjudge the damage any
person or persons may sustain by the said road, and,
make a return of all contracts by them made for land,
or damages adjudged by them, by reason of opening
said road, to the levy court, under their hands; and
the said court may order the same to be recorded or
reject the same or any part thereof; and the levy
court shall levy on the assessable property of Cecil
county, the expense of the commissioners for view-
ing and surveying said road; and if the levy court
shall confirm the said road agreeably to the return of
the commissioners, and cause the same to be record-
ed, the levy court shall then appoint a supervisor or
supervisors to clear and open said road, not exceed-
ing thirty feet in width, and may levy the expense of
said road upon the assessable property of Cecil coun-
ty; or should the levy court be of opinion that said
road is not of public utility, but is only calculated to
serve private individuals, in that case the court shall
grant said road on the application of petitioners, they
paying all damages 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 Cecil
county,

1812.

2. 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
commissioners aforesaid, then the person or persons
so aggrieved may apply to a justice of the peace of
said county, to issue his warrant, directed to a con-
stable, commanding him to summon five free-holders,
to appear on the premises on a day to be mentioned
in the warrant, to assess and value the damages which
the party or parties may sustain by the road passing
over his or her land; which assessment and valuation
of damages shall be final and conclusive; and which
damages shall be paid or secured to be paid to the
person or persons entitled to receive the same, before
the commissioners shall proceed to lay out said road:

Damages —
persons ag-
grieved.

Provided, The said road shall not pass through the
yard, garden, orchard or meadow of. any person or
persons, without his, her or their consent

Proviso.