|
Dec. Sess.
1815.
Damages.
Provisos.
|
rity of them shall and they are hereby authorised and directed
to fill up such vacancy or vacancies.
3. AND BE IT ENACTED, That the commissioner
aforesaid or a majority of them, shall ascertain and value if re-
quired, what damages may be sustained by any persons or per-
sons over whose land the said road may pass, by opening the
same, and the valuation shall be made before the said commis-
sioners or a majority of them shall proceed to open the said
road; Provided always, that if any person or persons through
whose land the said road may pass, or his her or their guardian
or trustee, shall conceive themselves aggrieved by such valua-
tion and assessment of damages by the said commissioners or
a majority of them, it shall and may be lawful for any justice
of the peace of the county in which the land lies, on application
of the party interested, or his her or their guardian or trustee,
to issue his warrant under his hand and seal, directed to any
constable of the county, commanding him to summon twelve
freeholders who do not hold lands, through which the said road
may pass, to appear on a day by the said justices to be appoint-
ed, on the land of the person or persons making application as
aforesaid, or for whose benefit such application shall be made;
and the said freeholders having first made oath before said justice
of the peace, that they will without favor, affection or partiali-
ty assess the damages sustained by the person or persons at
whose request or for whose benefit such inquisition shall be tak-
en, by reason of opening the aforesaid road through his, her or
their land, shall thereupon proceed to assess and value the dam-
ages accordingly, of which the said commissioners or a majori-
ty of them shall have had at least five days notice, and shall return
the damages so assessed to the said justice of the peace, and
such inquisition and valuation shall be final and conclusive; and
the party or parties in whose favor the valuation ascertained by
the said commissioners or a majority of them, or the damages
assessed by the said freeholders shall be made, shall be entitled
to receive the same from the said petitioners or other persons
interested in the said road within the space of six months after
the assessment of such valuation or damages, and before they
shall proceed to affect the lands and tenements of the person or
persons concerned, and upon the payment of the money, or the
securing the same to be paid as aforesaid to the person or per-
sons through whose land the said road is intended to pass, the
said commissioners may open the said road through such per-
son or person's land; Provided, that the said road shall not pass
through any house, yard, garden, meadow or orchard unless
with the consent of the owner or owners thereof.
|
|
Passed Jan.
9, 1816.
Preamble.
By-laws &c.
---fines &c.
|
CHAPTER 70.
An additional supplement to an act entitled, an act for the ap-
pointment of commissioners for the regulation and improve-
ment of Cambridge in Dorchester County, and to establish
and regulate a market in said town.
WHEREAS, The powers granted to the commissioners by
the original act to which this is a supplement, are deemed in-
sufficient, in consequence whereof the commissioners have not
made such regulations as are absolutely necessary for the bene-
fit and improvement of the town; Therefore,
Sec. 1. BE IT ENACTED by the General Assembly of
Maryland, That the commissioners of, said town shall have
|
