70

LAWS OF MARYLAND.

Dec. Ses. 1821.

levy court shall be satisfied that thirty days previous notice has
been given, by advertisement set up at the court-house door in
said county, also in the neighborhood where the said road is intend-
ed to run, describing the same.

Plot—court to
levy cost.

17. And be it enacted, That it shall be the duty of the said
commissioners so as aforesaid appointed by the levy court of said
county, or a majority of them, to cause a plot and certificate of
laid road, so opened, to be made and returned to the levy court of
said county, whereupon it shall be lawful for, and the said levy court
are hereby enjoined to levy upon the assessable property of the
said county, a sum of money such as they may deem necessary for
opening the said road, agreeably to the plot and certificate afore-
said; and the said road, when so opened, 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 are.

Roads leading
to navigable
water—lum-
ber-yards—
land to be paid
for—public
landings—
plots—appeal.

18. And be it enacted, That on applications for any public
road granted under the provisions of this act, in Worcester county,
leading to navigable water, it shall be the duty of the commission-
ers, when directed by the levy court, to lay out a quantity of land
for a lumber-yard, at the discretion of the said levy court, not ex-
ceeding three acres, to be bounded at the corners for the use of the
county; and valuation of damages shall be made by said commissi-
oners for said lot of land; and when levied and collected, shall be
paid to the persons entitled to receive the same; and the levy court
may, in like manner, on petition as aforesaid for a public landing
only, direct the said quantity of land to be laid out, marked and
bounded, for a public landing or lumber-yard as aforesaid, and da-
mages to be ascertained, levied and paid as aforesaid; and a plot
and certificate of all public roads and landings or lumber-yards as
aforesaid, shall be returned to the levy court, and by them trans-
mitted to the clerk of the county court, to be by him recorded
among the records of the county; and all such roads, landings and
lumber-yards, shall be kept in repair as other public roads are, for
the free use of the county; Provided nevertheless, That there may
be an appeal from the decision of the levy court to the next county
court, and the decision of the county court shall be conclusive; and
in case the county court shall confirm the decision of the court be
low, the cost to be paid by the person appealing, otherwise by the

Proviso.

county; Provided, No road, landing or lumber-yard, shall be laid
oft' under this law, through the yard, garden, building or orchard
of any person or persons, without his, her or their consent.

Damages.

19. And be it enacted, That the commissioners or a majority
of them, shall value and ascertain the damages that may be sustain-
ed by each and every person through whose lands the said road
may pass, by opening of the same, taking into consideration the
advantages and disadvantages of the same; the damages so ascer-
tained shall be levied and collected as other county charges are,
and shall be paid over to the persons respectively through whose

Proviso.

lands the said road may pass; Provided, That no road shall be
opened until the said damages shall be paid.

Commissioners
to take an oath.

20. And be it enacted, That the said commissioners, before
they proceed to act, shall take an oath before a justice of the peace,
that they will, without favor, partiality or prejudice, assess the da-