LEVIN WINDER, ESQ. GOVERNOR.

31

kept in repair as other public roads in said county are.
3. AND BE IT ENACTED, That the said com-
missioners or a majority of them shall value and ascer-
tain the damages that may be sustained by each and
every of the persons through whose land the said road
may pass, taking into consideration the advantages and
disadvantages if any; and the damages so ascertained
shall be levied and assessed as other county charges are,
and shall be paid over to the persons respectively,

DEC. SESS.
1814.

Damages to be
ascertained &
amount levied.

through whose lands the said road may pass; Provided,
that no person shall be entitled to receive damage on ac-
count of the road passing through his lands who was a
petitioner for the same.

Proviso.

4. AND BE IT ENACTED, That the commissioners,
before they proceed to act, shall take an oath before some
justice of the peace, that they will without favor or af-
fection, partiality or prejudice, value and assess the da-
mages sustained by any person or persons through whose
land the said road shall pass, agreeably to the provisions
of this act. And if any of the commissioners herein
named shall die, resign or refuse to act, the remaining
commissioners, or a majority of them shall be and they
are hereby authorised to supply such vacancy, by ap-
pointing another person or persons.

Oath — vacan-
cies — how to
be supplied.

CHAPTER 37.

An act to reinstate in the county court of Alleghany
county, the proceedings of a case therein mentioned.
SEC. 1. BE IT ENACTED by the General Assembly
of Maryland, That Allegheny county court, be and they
are hereby directed and empowered to reinstate the pro-
ceedings on an appeal from a decision of the levy court
of the said county granting a private road to David Shri-
ver, through the land of David Lynn and to reconsider
and revise the same, it being represented that the subject
in controversy was not fully brought before said county
court.

Passed Jan.
13, 1815

Proceedings to
be reinstated.

2. AND BE IT ENACTED, That the court afore-
said, be and they are hereby authorised and empowered
to admit and receive all such testimony as would have
been legal and admissible upon the consideration and
trial of the said case before the levy court of said county,
any law to the contrary notwithstanding. Provided
always,

Testimony
may be admit-
ted.

Provisos.

3. AND BE IT ENACTED, That the present
road as laid out by the levy court, shall be free for the
use of the said David Shriver until a final decision shall
be made in the premises; and provided also, that should
the road he located in another or different direction, the
said David Lynn shall not be entitled to any damages
for either of said roads.

County court
may allow
costs.

4. AND BE IT ENACTED. That upon a revision
of the said case, the county court shall allow to the said

Road shall be
free.