LEVIN WINDER, ESQ. GOVERNOR,

187

sioners to survey, lay out and open a road not ex-
ceeding twenty feet in width, in the best and straight-
est direction, taking all circumstances into consider-
ation, from the public road on Anne Arundel Manor,
to West River; and the said commissioners shall
make a plot of the road so as aforesaid directed to be
laid out and opened, and return the same to the clerk
of Anne Arundel county court, to be recorded among
the land records of said county; and the said road
when opened, shall forever thereafter be deemed and
taken to be a public highway, and repaired in the same
manner as other public roads in said county.

1812.

2. AND BE IT ENACTED, That in case of
death, resignation, disqualification or refusal to act,
of any of the commissioners aforesaid, the remaining
commissioners, or a majority of them, shall and they
are hereby authorised and directed to fill up such va-
cancy or vacancies.

Vacancies.

3. AND BE IT ENACTED, That on applica-
tion of the party or parties interested, the said com-
missioners or any three of them, shall ascertain and
value what damages may be sustained by any person
or persons through whose land the said road shall
pass, and the same when so ascertained and assessed
shall be paid or secured to be paid by the said peti-
tioners, before the commissioners appointed by this

Damages.

act shall proceed to open the said road: Provided
always. That if any person or persons through
whose land the said road shall pass, or his, her or
their guardian or trustee, shall conceive themselves
aggrieved by such valuation and assessment of dam-
ages, it shall and may be lawful for the said commis-
sioners, or any three of them, to issue their warrant
to the sheriff of the county, to summon twelve disin-
terested free-holders of said county, to appear on the
premises on a day by them to be appointed; and the
commissioners are hereby authorised to administer an
oath to every person so summoned, that he will with-
out favor, affection, partiality or prejudice, assess the
damages sustained by the person or persons at whose
request such inquisition shall be taken, by reason of
opening said road, through his, her or their land; and
the persons so summoned and sworn, shall thereupon
proceed to value and assess the damages accordingly^
of which the said petitioners or some one of them
shall have five days previous notice at the least; and
such inquisition shall be final and conclusive between
the parties.

Proviso.