LEVIN WINDER, ESQ, GOVERNOR.

163

to be made shall have been paid or secured to be
paid, shall forever thereafter be deemed a public
highway and kept in repair as public roads in said
county are kept in repair.

1812.

2. AND BE IT ENACTED, That the said com-
missioners, or a majority of them, shall lay out the
said road from the calls before mentioned, in the
straightest and best direction that the nature of the
ground will admit of, and with as little inconvenience
to the landholders through whose land the said road
may pass as possible.

Road to be
laid out with
as little incon-
venience to
the land hold-
ers as possible.

3. AND BE IT ENACTED, That the commis-
sioners aforesaid or a majority of them, shall ascer-
tain and value if required, what damages may be
sustained by any person or persons over whose land
the said road may pass, taking into consideration the
advantages and disadvantages, (if any; ) and the val-
uation shall be made, and the amount thereof paid
as aforesaid, to the parties respectively interested,
before the said commissioners or a majority of them,

Damages.

shall proceed to open the said road: Provided always,
That if any person or persons through whose land
the said road may pass, or his, her or their guardian
or trustee, shall conceive themselves aggrieved by
such valuation and assessment of damages by the
said commissioners or a majority of them, it shall
and may be lawful for any justice of the peace of the
county in which the land lies, on application of the
party interested, or his, her or their guardian or trus-
tee, to issue his warrant, under his hand and seal,
directed to any constable of the county, command-
ing him to summon twelve disinterested freeholders
of the county, to appear on a day by the said justices
to be appointed, on the land of the person or persons
as aforesaid, or for whose benefit such application
shall be made, and the said freeholders, having first
made oath before said justice of the peace that they
will without favor, affection or partiality, assess the
damages sustained by the person or persons at whose
request or for whose benefit such inquisition shall be
taken by reason of opening the aforesaid road
through his, her or their land, shall thereupon pro-
ceed to assess and value the damages accordingly,
of which the said commissioners or a majority of
them shall have had at least five days notice, and
shall have returned the damages so assessed, to the
said justice of the peace; and such inquisition and

Proviso.

valuation shall be final and conclusive: Provided al-
ways, That the said road shall not pass through any

Proviso.