100

LAWS OF MARYLAND

Dec. Sess.
1815

terested, 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 justice to be appointed, 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 partiality, assess
the damages sustained by the person or persons at whose re-
quest, 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 conclusive; and the
party or parties in whose favor the valuation ascertained by the
said commissioners or a majority of them, or the damages as-
sessed 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 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 persons through whose
land the said road is intended to pass, the said commissioners
may open the said road through such person or persons 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.
16, 1816.
Persons in-
corporated.

Condemned.

Direction &
width.

CHAPTER 98.

. An act to incorporate the president and managers of the Cal-
verton Turnpike Road.
Sec. 1. BE IT ENACTED by the General Assembly of
Maryland, That Andrew Ellicott, Thomas Ellicott, William
Jessop, Dominic B. Jessop, Charles Jessop, Dennis A. Smith,
John Worthington, Francis Hollingsworth, Charles Worthing-
ton and James Cheston being proprietors of five mills, or mill
seats on Guynn's Falls, near the city of Baltimore, and having
laid out a road from said mills or mill seats, to intersect the Bal-
timore and Frederick Town turnpike road, be and they are
hereby incorporated into a company, by the name and style of
The President and Managers of the Calverton Turnpike
Road.
2. AND BE IT ENACTED, That the space of ground
over which the said road passes, fifty feet wide and commenc-
ing at the intersection of the said road with the Baltimore and
Frederick Town Turnpike Road, and terminating at the said
mill seats, be and the same is hereby condemned as a public
highway, and free for any and every person to pass thereon,
subject however to the limitations and provisions hereinafter
contained.
3. AND BE IT ENACTED, That the said turnpike
road, so fur as it relates to the lands of James Carroll, through
which the same is to part carried, docs and shall commence for