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3. AND BE IT ENACTED, That the commissioners
aforesaid or a majority of them, shall ascertain and value if re-
quired what damages may be sustained by any person or per-
sons over whose land the said road may pass by opening the
same and the valuation shall be made before the said com-
missioners 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 aggriev-
ed by such valuation and assessment of damages by the
said commissioners or a majority of them, it shall and may
be lawful for any justice of the county on application of the
party interested, or his, her or their guardian or trustee to is-
sue his warrant under his hand and seal, directed to any con-
stable of the comity, commanding him to summon twelve free-
holders who do not hold lands through which the said road
may puss, to appear on a day by the said justice 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,
land the said freeholders, having first made oath before the said
justice of the peace that they will without favor, affection or
partiality assess the damages sustained by the person or persons
at whose request or for whose benefit, such inquisition shall be
taken by reason of opening the aforesaid road through his, her
or their land, shall thereupon proceed to assess and value the
damages accordingly, of which the said commissioners or a
majority 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 con-
clusive; and the party or parties in whose favour 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 to
the said road within the space of six months after the assess-
ment of such valuation or damages; and before they shall pro-
ceed 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 persons through
whose land the said road is intended to pass, the said com-
missioners may open the said road through such person or per-
sons' 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.
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Dec. Sess.
1815.
Proviso.
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CHAPTER 90.
An act for introducing a supply of water into the Town
of Emmitsburgh.
Sec. 1. BE IT ENACTED by the General Assembly of
Maryland, That a company be and they are hereby incorpo-
rated and made a body politic, for the purposes hereinafter
mentioned, and that the said body politic shall be known and
distinguished by the appellation of The President and Direc-
tors of the Emmitsburgh Water Company, and shall have full
and ample power and authority to do, perform and execute, all
and every matter and thing which a similar corporation may or
rightfully can do, and shall have succession during the contin-
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