SAMUEL SPRIGG, ESQ. GOVERNOR.

61

road when so laid out and opened, and a plot thereof made out and
returned to the clerk of Baltimore county court, there to be record-
ed among the records of said county, shall be deemed and taken as
a public highway, and to be kept in repair as other public roads are

Dec. Ses. 1821.

in said county; Provided, The said commissioners shall not lay out
the said road through any orchard, yard or garden, without the con-
sent of the owner or owners thereof.

Proviso.

2. And be it enacted, That the said commissioners or a ma-
jority of them, shall ascertain and value what damages may be sus-
tained by any person or persons through whose land the said road
shall pass, taking into consideration the advantages and disadvan-
tages, if any; and the same, when so assessed, shall be paid or secu-
red to be paid, by the person or persons who may apply to have the
said road laid out and opened as aforesaid, to the person or persons
entitled to receive the same, before he or they shall proceed to open,
said road.

Damages.

3. And be it enacted, That if any person or persons through
whose lands the said road shall pass, or his, her or their guardian or
trustee, shall conceive himself, herself or themselves aggrieved by
such valuation and assessment of damages by the said commission-
ers respectively, it shall and may be lawful for any justice of the
peace of said county, on his, her or their application, to issue his
warrant under his hand and seal, directed to any constable of said
county, commanding him to summon twelve disinterested men,
qualified by law to serve as jurors in the county court, to meet up-
on the premises on a certain day, of which six days notice shall at
least be given to the party or parties interested; and the said jurors,
when so met, and having each first taken an oath before some justice
of the peace, that he will, without favor, affection, prejudice or par-
tiality, assess the damages sustained by the person or persons at
whose request such inquisition shall be taken, by reason of opening
the aforesaid road through his, her or their lands, shall thereupon
proceed to assess and value the damages accordingly, taking into
consideration the advantages and disadvantages, if any; and such
inquisition and valuation shall be final and conclusive between the
parties respectively.

Persons ag-
grieved-reme-
dy.

CHAPTER 103.

An act for the relief of Elijah Morress, Lydia Anthony and Marga-
ret Wherret, of Caroline county.
Be it enacted By the General Assembly of Maryland, That
from and after the passage of this act, it shall and may be lawful for
Elijah Morress, Lydia Anthony and Margaret Wherret, to apply to
the trustees of the poor for Caroline county, for an allowance out
of the Poor House; and if said trustees, in their judgment, should
consider them objects of charity, they are hereby authorised and
directed to recommend them in writing to the justices of the levy
court of said county, who are then hereby authorised and directed,
to levy on the assessable property of said county, such sum of money
for the use of each of the above named persons, as they in their
judgment may deem proper, not exceeding twenty-five dollars for
each person; and the same to be collected by the collector of said
county, and by him paid over to the said Elijah Morress, Lydia
Anthony and Margaret Wherret or to their order.

Passed Jan. 30

1822

$25 annually
may be levied.