42

LAWS OF MARYLAND

DEC. SESS.
1814.

and Levi Tyson, be and they are hereby appointed com-
missioners, for the purposes of this act; and that they,
or a majority of them, are hereby authorised and re-
quired to survey and lay out a road, not exceeding thirty
feet in width, begining on the Bell Hill road, where it is
crossed by the feeder of the Chesapeake and Delaware ca-
nal, to the place where the road from Elk Forge now

Proviso.

intersects the Delaware line; Provided always, That
the said road shall not be made to pass through the build-
ings, yards, gardens, or orchards of any person without
the consent of the owner or owners thereof.

Plot--expences
—repairs--how
to be paid.

8. AND BE IT ENACTED, That it shall be the du-
ty of the commissioners aforesaid, to cause a plot and
certificate of said road to be made, and return the same to
the levy court of Cecil county; whereupon it shall and
may be lawful for the levy court of said county, to levy
upon the assessable property of said county a .sum of mo-
ney, such as they may deem necessary, and to appoint
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.

Damages--how
to be paid.

3. AND BE IT ENACTED, That the said commis-
sioners, or a majority of them shall value and ascertain the
damages that may be sustained by each, and every of the
persons through whose lands the said road may pass, by
opening the same, taking into estimation the advantages
and disadvantages, if any, and the damages so ascer-
tained, shall be levied and assessed as other county char-
ges are, and shall be paid over to the persons, respective-
ly through whose lands the said road may pass; Provided

Proviso.

nevertheless, That no money shall be levied or assessed,
for the purpose of discharging the damages that may be
done to any person or persons petitioning this general as-
sembly for said road.

Oath of com-
missioners.

4. AND BE IT ENACTED, That the said com-
missioners before they shall proceed to act, shall take an
oath before some justice of the peace, that they will with-
out favor or affection, prejudice or partiality, assess the
damages sustained by the person or persons through
whose lands the said road may pass by reason of opening
the same.

Compensation
of commission-
ers—how to
be paid.

5. AND BE IT ENACTED, That the said com-
missioners shall be entitled to receive, for their attend-
ance and services, a compensation, in discharge of their
duties of this act, not exceeding two dollars per day, to
be ascertained by the levy court, which is hereby direct,
ed to be levied, collected and paid, as other county char-
ges are levied, collected and paid.