8

LAWS OF MARYLAND, Nov. SESS. 1812.

1812.

compensation shall be respectively levied, collected
and paid in the same manner that other county charg-
es are.

Thomas Gar-
rett shall not
receive com-
pensation for
damages.

4. AND BE IT ENACTED, That the said Tho-
mas Garrett, shall not be entitled to ask or receive
any compensation for any damage, sustained by

opening of the said road.

Damages—
Commission-
ers shall ascer
tain.

5. AND BE IT ENACTED, That the commis-
sioners or a majority of. them, shall ascertain and
value 'if required, what damages may be sustained
by any person or persons except the said Thomas
Garrett over whose lands the said road may pass, by
opening the same, taking into consideration the ad-
vantages and disadvantages, if any; and the valua-
tion shall be made before the said commissioners

Proviso.

shall proceed to open the said road: Provided always,
That if any person or persons except as aforesaid,
through whose land the said road may pass, or his,
her or their guardian or trustee, shall conceive them-
selves aggrieved by such valuation and assessment of
damages by the said commissioners, it shall and may
be lawful for any justice of the peace of said county,
on application of the party interested, or his, her or
their guardian or trustee to issue his warrant, under
his hand and seal, directed to any constable of the
county, commanding him to summon twelve freehold-
ers, uninterested in the opening said road, to appear
on a day by the said justice to be appointed, on the
land of the person or persons making. application as
aforesaid, or for whose benefit such application shall
be made, and the said freeholders having first made
oath before some justice of the peace, that they will,
without favor, affection or partiality, assess the dama-
ges sustained by the person or persons at whose re-
quest such inquisition, shall be taken, by reason of
opening the aforesaid road through his, her or their
land, shall thereupon proceed to assess and value the
damages accordingly, taking into consideration the;
advantages and disadvantages, if any; of which the
said commissioners, or a majority of them shall have
at least five days notice, and shall return the dama-
ges so assessed to the 'said justice. of the peace, and
such inquisition and valuation shall be final and con-
clusive.

Act of 1810
repealed.

6. AND BE IT ENACTED, That. the act of As-
sembly passed at November session eighteen hun-
dred and ten, entitled, 'an act to lay out and open a
road from Archibald Dysart's tavern in Cecil county, to