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ers shall ascertain and value what damages may be sustained
by any person Or persons through whose lands the said road
shall pass, and the same when so assessed, shall be paid or se-
cured to be paid in the manner hereafter directed; Provided
always, that if any person or persons through whose land the
said road shall pass, or. his, her or their guardian or trustee,
shall conceive themselves aggrieved by such valuation and as-
sessment of damages by the said commissioners, it shall and
may be lawful for said commissioners, or any three of them to
issue their warrant to the sheriff of the county aforesaid, com-
manding him to summon twelve free holders in the county
aforesaid, and not interested in the premises, and qualified to
serve as jurors in the county court, to appear on a day to be by
them appointed on the premises; and the said commissioners or
any one of them, are hereby authorised to administer an oath,
for affirmation, as the case may be, to every person so summon-
ed, that he will without favor, affection, partiality or prejudice,
assess the damages sustained by the person or persons at
whose request such inquisition shall be taken, by reason of
opening the aforesaid road, through his, her or their land, and
the persons so summoned and so qualified shall thereupon pro-
ceed to assess and value the damages accordingly, of which the
said commissioners or some one of them shall have given at least
five days notice, and such inquisition shall be final and conclu-
sive between the parties; and in assessing the damages the ju-
ry shall take into consideration the convenience and inconveni-
ences, the advantages and disadvantages, if any, arising to the
proprietors of the land over which the said road may pass ;
Provided, that in such appeals from the valuations and assess-
ments of damages made by the commissioners, shall the valua-
tions and assessments of the said commissioners be confirmed
by the jury by this section directed to be summoned, the party
or parties appealing shall pay the whole expence incurred there-
by.
3. AND BE IT ENACTED, That the said commission-
ers shall not open the aforesaid road through any building,
garden, orchard or meadow of any person without first ob-
taining his, her or their consent in writing.
4. AND BE IT ENACTED, That the said commission-
ers shall receive for their services a sum not exceeding two dol-
lars for each day's necessary attendance.
5. AND BE IT ENACTED, That the damages that may
be assessed in virtue of this act, compensation to commission-
ers and all other the expences and costs that may occur in lay
ing out and opening the said road, shall be paid by such per-
sons only as may think proper to contribute thereto.
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Dec. Sess.
1815.
Provisos.
Not to be
opened throu'
buildings &c.
Compensation.
Costs.
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CHAPTER 66.
An act annulling the marriage, of Thomas Drake and Martha
his wife, of Kent County.
Sec. 1. BE IT ENACTED by the General Assembly of
Maryland, That the marriage of Thomas Drake and Martha
his wife, heretofore solemnized, be and the same is hereby de-
clared to be absolutely and to all intents and purposes null and
void, and the said Thomas Drake and Martha his wife, are
hereby declared to be divorced a vinculo matrimonii; Provided
always, that nothing in this act contained shall be construed to
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Passed Jan.
8, 1816.
Divorced.
Proviso.
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