LEVIN WINDER, ESQ. GOVERNOR.

37

Bridge, at or near the north east corner of Joseph
Haine's orchard, and the dividing line of lots, Nos. 8 and
9, thence along said line between the lands of Joseph
Haines and William Kirk, thence between the lands of
said Kirk, Samuel Taylor and, Mary Haines until it in-
tersects the public road from the Baldfryer Ferry to Chris-
tianna Bridge, thence across said road, and through the
lands of Job Haines, until it intersects the division line of
lands of, Job Haines, and the heirs of Elisha Kirk, and
thence along said line, until it intersects a public road
from the Rising Sun in West Nottingham, to Charles-

Dec. Sess.
1814.

Town; Provided, That the said road shall not be made
to pass through the buildings, yards, gardens or orchards
of any person or persons without the consent of the
owner or owners thereof.

Proviso.

2. AND BE IT ENACTED, That it shall be the
duty of the commissioners aforesaid, or a majority of
them on or before the first Monday of September next,
to cause a plot and certificate of said road to be made,
and return the same to the levy court of Cecil county, at
the first setting thereafter; and if the levy court of said
county, upon consideration of all circumstances, shall be
of opinion that the said road will be of advantage, then,
and in such case the clerk of said county shall record the
same plot and certificate whereupon it shall and may
be lawful for the levy court of said, county, to levy upon
the assessable property of. said county such sum of money
as they may deem necessary, and to appoint and employ
an overseer to open and clear said road, agreeably to the
plot and certificate aforesaid; and the said road, when o-
pened and cleared as aforesaid, 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 in said
county.

Plot— exper-
ces to be levi-
ed at the dis-
cretion of the
court — super-
visor &c.

3. AND BE IT ENACT ED, That the levy court of
said county shall appoint three disinterested persons, who
or a majority of them, shall value and ascertain the dama-
ges that may be sustained by each and every of the per-
sons through whose lands the said road may pass, by
opening the same, taking into consideration the advantages
and disadvantages, and return the same to the levy court;
and the damages, so ascertained shall be levied and asses-
sed as other county charges are, and shall be paid over
to the persons respectively, who may be endamaged there-

Damages—
how to be paid.

by; Provided, nevertheless, That no money shall be le-
vied or assessed for the purpose of paying the damages a-
foresaid, until the said road is opened and cleared agree-
ably to the directions of this act.

Proviso.

4. AND BE IT ENACTED, That the persons so
appointed by said court, before they proceed to ascertain
the damages that may be sustained by opening said road,
shall take an oath or affirmation, before some justice of the

Oath.