|
Passed Jan.
8, 1816.
Commission-
ers--may re-
view &c.
Compensation.
Persons ag-
grieved—rem-
edy.
|
CHAPTER 67.
An act to widen or change a part of the public road hading
from Vienna to Henry's Cross Roads in Dorchester County.
Sec. 1. BE IT ENACTED by the General Assembly of
Maryland, That Richard Tootell, John Seward, Robet Wal-
lace, Hooper Rawleigh and John Brohawn (upper district) be,
and they are hereby appointed commissioners, and they or a
majority of them are herein authorised and empowered to re-
view the public road leading from Vienna in Dorchester coun-
ty to Henrys Cross Roads in the same county, and to widen
or change such part or parts thereof as in their judgment and
discretion the public convenience may require, and to report
their proceedings to the levy court of the said county, and the
said report of proceedings shall be recorded by the said court,
and the said road as widened or changed shall forever thereafter
be deemed a public highway.
2. AND BE IT ENACTED, That the said commission-
ers or a majority of them, shall ascertain and value the dama-
ges which any person or persons may sustain in their lands by
the widening or changing any part or parts of the said road,
and shall make and return to the levy court of Dorchester
county a certificate of such valuation of damages, if any, sus-
tained as aforesaid; and the levy court aforesaid shall levy up-
on the assessable property of said county, a sum of money
equal to the amount of the damages ascertained as aforesaid,
and the ether expences that may be necessarily incurred in exe-
cuting the provisions of this act, which shall be paid to the per-
son or persons entitled thereto.
3. AND BE IT ENACTED, That the said commissioners
shall be allowed two dollars per diem for their services, to be
assessed and levied on the assessable property of the county
aforesaid.
4. AND BE IT ENACTED, That if any person or persons
. through whose land the said road may pass, or his or their
guardian or trustee, conceive himself, herself or themselves
aggrieved by such valuation or assessment of damages by said
commissioners, it shall and may be lawful for a justice of the
peace of the said county, on his or their application, to issue
his warrant, under his hand and seal, directed to the constable
of the hundred, commanding him to summon twelve disinter-
ested men qualified by law to serve as jurors in the county
court, to meet upon the premises upon a certain day, of which
ten days notice shall be given to the party or parties interested;
and that the said jurors when so met, and having each first ta-
ken an oath before some justice of the peace, that he will with-
out favor, affection, prejudice or partiality assess the damages
sustained by the person or persons at whose request such in-
quisition shall be taken, by reason of widening or changing
the aforesaid road, shall thereupon proceed to assess and value
the damages accordingly, taking into consideration the advan-
tages and disadvantages, (if any,) and such inquisition or valu-
ation shall be final and conclusive; but should the jury award
a smaller or the same sum for damages than the commissioners
had previously done, then and in that case the person or per-
|
