44.

LAWS OF MARYLAND, Nov. SESS. 1812.

1812.

may confirm
said road.

and they are hereby authorised and empowered to re-
view the said part of the said road, (although a plot of
the said road as laid out under the act to which this is
a further additional supplement has not been return-
ed to the clerk of Baltimore county court, by the com-
missioners as directed under the said act, ) and in
case the said commissioners of review shall be of
opinion that the location made by the commissioners
appointed under the act to which this is a further ad-
ditional supplement, of that part of the said road
from Benjamin Price's shop aforesaid, to Darby En-
sor's mill race, above Black Rock mills, is laid out
according to law, and in a direction most convenient
to the inhabitants of the neighbourhood, then and in
that case the said commissioners of review or a ma-
jority of them, are hereby authorised and directed to
confirm the said location.

Discretionary
powers of the
commission-
ers of review —
road may be
laid out — at
whose ex-
pence — plot to
be recorded.

3. AND BE IT ENACTED, That if the said com-
missioners of review shall be of opinion that the said
location is not made according to the act to which this
is a further additional supplement, or in a direction most
convenient to the inhabitants of the neighbourhood,
then and in that case the said commissioners of re-
view are hereby authorised and empowered to lay
out and make a road forty feet in width, at the ex-
pense of the petitioners, or any person or persons
who may think proper to contribute thereto, from
Benjamin Price's shop to Ensor's ford; from thence
to the intersection of the roads at Davis' tavern, and
from thence to Darby Ensor's mill race, above Black
Hock mills; and the said commissioners or a majo-
rity of them, shall make a plot of the said road, and
return the same to the clerk of Baltimore county
court, to be recorded among the land records of said
county; and the said road when so laid out, and a
plot thereof returned as aforesaid, and the damages
herein after directed to be made shall be paid or se-
cured to be paid, shall forever thereafter be deemed a
public highway, and as part of the road leading from,
the end of the Fall's turnpike, to intersect the main
road near George Carlenger's mill, and shall be kept
in repair us directed by the original act to which

Proviso.

this is a further additional supplement: Provided al-
ways, That the said road shall not be laid out through
any orchard, yard or garden without the consent of
the owner or owners thereof.

Damages — to
whom to be
paid — how to
be ascertained.

4. AND BE IT ENACTED, That the said com-
missioners or a majority of them be, and they are
hereby authorised and directed to ascertain and value