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and designate on said plot the names of the owner or owners,
and the distance the road passes over each of their land, and
such plot and explanations shall return to the justices of the
levy court, who shall cause the same to be recorded among the
records of the same county in testimony of the same; Provided,
that nothing herein contained shall in any manner authorise the
said commissioners to lay out and open the said road through
the buildings, gardens, orchard or yard of any person or per-
sons without his, her, or their consent.
4. AND BE IT ENACTED, That the supervisors in
clearing and opening the said road shall not open any field at
the time grain is actually growing therein.
5. AND BE IT ENACTED, That the said commissioners
or a majority of them, shall have full power to bargain and
contract with any person or persons over whose lands the said
road may pass, and adjudge the damages any person may sus-
tain by said road, and make return of all contracts by them
made for land or damages adjudged by them by reason of
opening said road to the levy court of said county.
6. AND BE IT ENACTED, That if any owner of the
land so occupied shall appear before the levy court before the
levy is laid, and object to the valuation and estimate of the
commissioners, and request a jury to value such land and ad-
judge such damages as he or she may sustain on account of said
road passing through his or her lands, the levy court shall di-
rect the sheriff of Washington county to summon twelve free-
holders of said county, not related to the owner or owners of
the land over which said road may pass, and the sheriff shall
fix a day when the said jury is to attend on the land and value
the same and adjudge the damages if any, first taking an oath
to ascertain the true value of the land so occupied by said road,
and to assess the damages sustained by the person requiring
such jury in consequence of the said road passing through his
or her land, justly and fairly, without favor or affection to any
person, and to the best of their knowledge; which oath shall
be administered by the sheriff, and the verdict given by the said
jury, shall be signed by the jurors respectively and delivered to
the said sheriff, and by him returned to the levy court, and the
levy court shall levy the sum so adjudged on the assessable
property of the said county; but if such valuation by the said jury
should be less than that by the commissioners before made, the
owner or owners of the land so requiring a jury shall pay all
the costs of such jury.
7. AND BE IT ENACTED, That the justices of the levy
court for the county of Washington shall and they are hereby
required to appoint, at the time and in the manner that they ap-
point other supervisors for the public roads in their said coun-
ty, a supervisor or supervisors for the said road by this act es-
tablished, and such supervisors so appointed shall give bond in
like manner as is required by law of other supervisors of pub-
lic roads, and in all respects to be governed by and subject to
the same rules, regulations, penalties, fines, forfeitures and
privileges as are by law provided in the case of other supervi-
sors for public roads in the county of Washington aforesaid.
8. AND BE IT ENACTED, That the justices of the levy
court of Washington county shall cause to be paid the expen-
ces attending the laying out and surveying marking and plot-
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Dec. Sess.
1815.
Proviso.
Grain fields.
Contract.
Damages.
Supervisor.
Expence.
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