34

SAMUEL STEVENS, Jr. ESQUIRE, GOVERNOR.

Dec. Ses. 1823

Passed Jan.
17, 1824.
Levy Court
appoint com-
missioners,
their duties,
&c.

CHAPTER 73.

An act relating to the public roads in Somerset and Dorchester Counties.
Sec. 1. Be it enacted by the General Assembly of Maryland, That
it shall and may be lawful for the levy court of Somerset and Dor-
chester counties, upon petition to them by any person or persons in-
terested in opening, straightening or shutting up a public road in such
counties, and sufficiently describing in the said petition the road to be
opened, straightened or shut up, to issue a commission to three com-
missioners, freeholders in such counties, and not interested, nor hold-
ing lands through which the said road is proposed to be opened,
straightened or shut up, authorising and requiring the said commis-
sioners or any two of them, to meet on the premises, and examine
and determine whether the public convenience requires that the said
road should be opened, straightened, or shut up, the said commission-
ers, or a majority of them, shall in case the application shall be for
opening or straightening a road, proceed to locate the same, in such
manner as will in their judgment best promote the public conveni-
ence, and they shall cause a plot of the same, and also of the old road,
where the application shall be to straighten or shut up a road, to be
made out, and shall return the same, together with a full report of
their proceedings under their hands, to the levy court from which the
commission issued, and of the reasons on winch their opinion is foun-
ded, and if the said commissioners shall be of opinion that the said
road ought not to be opened, or straightened, or shut up, they shall
report their opinion to the levy court aforesaid, together with the rea-
sons on which the same is founded.

Oath.

2. And be it enacted, That the said commissioners before they pro-
ceed to act as such, shall take an oath or affirmation, as the case may
be, to execute the trust reposed in them by the commission to them
issued, faithfully and without favor, affection or partiality.

Notice.

3. And be it enacted, That the commissioners or a majority of them
before they proceed to locate any road proposed to be opened,
straightened or shut up, shall give at least fifteen days notice to all
the parties concerned, and the return of the commissioners setting
forth that they have taken the oath and given the notice required by
this law, or any words to that effect, shall be prima facia evidence
that the same was done.

Restrictions.

4. And be it enacted, That it shall not be lawful for any road open-
ed or straightened in virtue of this act to pass through the buildings,
yards, gardens or orchards, of any person or persons, without the
consent of the owner or owners thereof.

Levy Court
to determine.

5. And be it enacted, That if no objection be made to the return of
the commissioners the levy court may proceed to pass judgment
thereon, and affirm or reject the same, or order it to be amended, in
the discretion of the levy court.

Appeals.

6. And be it enacted, That if any person or persons shall conceive
him, her or themselves aggrieved by the decision of the commission-
ers, or a majority of them, it shall and may be lawful for such person
or persons to file in writing their objections to the return of the com-
missioners, at any time before the same shall be finally ratified by the
said court, and the court shall thereupon proceed to hear testimony,
if any shall be offered, and affirm or reject the said return, or order
it to be amended, as to the court shall seem right.

Damages.

7. And be it enacted, That the said commissioners or a majority of
them shall value and ascertain the damages that may be sustained by
each and every person through whose lands the said road may pass, in