68 LA

LAWS OF MARYLAND, Nov. SESS. 1812,

1812.

Bond shall
be lodged will
the clerk of
county court
— suits may
be instituted
thereon.

3. AND BE IT ENACTED, That the said bond
shall be lodged with the clerk of Baltimore county
court, to be by him recorded among the records of
the said county, and upon such bond, or any office
copy thereof, suit or suits may be instituted for any
breach or non-compliance with the condition thereof. '

CHAPTER 74.

Passed Dec.
15, 1812.

An act to lay out a public road from M'Shan's or
Taylor's Ferry, on the Potomac, to Crampton's
Gap, on the South Mountain, in Washington
county.

Commission-
ers — they may
lay out said
road — its
width and di-
rection—a
plot to be re-
corded.

SEC. 1. BE IT ENACTED by the General As-
sembly of Man/land, That John Brien, Hezekiah
Boteler and Thomas Crampton, be and they are here-
by appointed commissioners, and they or a majority
of them, are hereby authorised and empowered to
lay out and open a road not exceeding forty feet in
width from the ferry on the Potomac, below the mouth
of Antietam, commonly known by the name of
M'Shan's or Taylor's ferry; from thence to Mac-
pherson's and Brian's iron works, and from thence
to Crampton's Gap, on the South Mountain, on the
straightest and best direction the nature of the ground
will admit of, and with as little inconvenience to the
land-holders as possible; and the said road when so
laid out and a plot thereof made out and returned 'to
the clerk of Washington county court, to be recorded
among the records of said county, shall forever there-
after be deemed a public highway, and kept in repair
as other public roads are in said county.

Damages —
who shall as-
Certain them
— by whom to
be paid, and to
whom.

2. AND BE IT ENACTED, That the said com-
missioners, or a majority of them, shall ascertain and
value what damages may be sustained by any per-
son or persons through whose lands the said road
shall pass, taking into consideration the advantages
and disadvantages, (if any; ) and the same when so
assessed shall be paid by the parties who are inter-
ested in opening of said road, or by any person who
may contribute thereto.

Persons ag-
grieved by va-
luation of dam-
ages — how to
obtain reme-
dy.

3. AND BE IT ENACTED, That if any per-
son or persons, or his. her or their guardian, through
whose land the said road shall pass, shall conceive
himself, herself or themselves aggrived by such val-
uation of damages made as aforesaid, it shall and
may be lawful for any justice of the peace of said
county, upon application, to issue his warrant under
his hand and seal, to any constable of said county,