170

LAWS OF MARYLAND.

Dec. Sess.
1813.

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, 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 conclusive;

Proviso.

Provided, That the said road shall not pass through any
house, yard, garden or orchard, without the consent of
the owner or owners thereof.

Passed Jan.
27, 1814.

Preamble.

CHAPTER 156.
An act to open a road from Richard Owing's Mill to
Elk-Ridge Church in Queen, Caroline Parish in Anne-
Arundel county, and to repeat the acts of Assembly

therein mentioned.
WHEREAS it has been represented to this General
Assembly, by the petitions of survey persons through
whose lands the road as now located from Richard Ow-
ing's Mill to the church aforesaid, will pass, that said
road is crooked and may be straightened with much
less injury to private properly than now exists,
therefore,

Commission-
ers; to enquire.

Section 1. BE IT ENACTED by the General 4s-
sembly of Maryland, That Richard G. Stockett, Gusta-
vus Warfield, Charles Sterret Ridgely, Larkin Dorsey,
(of Caleb,) and Gassaway Watkins, or a majority of
them be, and they are hereby appointed commissioners
to enquire into and ascertain whether or not a public
road is required for public convenience from Richard
Owing's mill to Elk Ridge Church in Queen Caroline
Parish.

If advisable
to locate.

2. AND BE IT ENACTED, That if the commis-
sioners aforesaid or a majority of them shall be of opin-
ion that public convenience requires the road aforesaid,
they or a majority of them, shall proceed to locate the
same, taking into consideration the ground over which
it shall pass, the convenience of the public and the in-
terest of those whose lands the road will go over, and
return a plot thereof to the clerk of Anne-Arundel
county court, who is hereby directed to file the same,
with the plats of other public roads in the county.

Assess dam-
ages.

3. AND BE IT ENACTED, That the commission,
ers aforesaid or a majority of them, shall also from the
testimony offered as well as from their own opinions,
ascertain the damages that individuals would sustain by
the opening of the road as aforesaid, to the owners of land
through which it may pass, and upon such damages be-
ing assessed and paid, or tendered to the person or per-
sons entitled to receive the same, the commissioners
aforesaid or a majority of them, shall proceed to open