38

LAWS OF MARYLAND, Nov. SESS. 1812.

1812.

open said road
—its width
and direction.

them, are hereby appointed commissioners to lay out
and open a road in Cecil county not exceeding thirty
feet in width, beginning for the same at the state
line, between Pennsylvania and Maryland, at the in-
tersection of a road from the Rising Sun, towards
Lancaster, near Levi Brown's, thence towards the
canal at or near the Octarara Locks, to the south-
ward of Jonathan Reynolds' and north of Stephen
Reynolds and James Jackson's mills, near the stone
run, to William Moore's mill; thence to the
Bald Friar road at or Hear the intersection of William
Preston's lane; thence the nearest rout by Henry
Physick's school house, to the aforesaid locks, in as
straight a direction as the nature of the ground will
admit of, and with the smallest possible injury to the
individuals over whose land the said road may pass;

Proviso.

Provided always, That the said road shall not be
made to pass through the buildings, gardens, orch-
ards or meadows of any person without the consent
of the owners thereof.

Duty of com-
missioners —
discretionary
power of levy
court — ex-
pense to be le-
vied on the
county.

2, AND BE IT ENACTED, That it shall be
the duty of the commissioners aforesaid, on or before
the first day of April next, to cause a plat and certi-
ficate of said road, to he made out, and return the
same to the levy court of Cecil county at their first
setting thereafter; and if the levy court of said
county upon consideration of all circumstances, shall
be of opinion that the said road will be of advantage,
then and in such case the clerk of said county shall
record the said plot and certificate, whereupon it shall
and may be lawful for the levy court of said county,
to levy upon the assessable property of said county, a
sum of money such as they may deem necessary,
and to appoint an overseer to open and clear said
road agreerbly to the plot and certificate aforesaid;
and the said road when so opened and cleared as afore-
said, shall be, and the same is hereby declared to be,
forever thereafter a public road, and shall be
kept in repair as other public roads in said county
are.

Damages— to
be ascertained
by commis-
sioners.

3. AND BE IT ENACTED, That the said
commissioners or a majority of them, shall value
and ascertain the damages that may be sustained by
each and every of the persons through whose lands
the said road may pass by opening the same, taking
into estimation the advantages and disadvantages,
(if any; ) and the damages so ascertained shall be
levied and assessed as other county charges are, and
shall be paid over to the persons respectively,