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the said road may pass as the aforesaid commissioners may think
most proper; and the said commissioners, or a majority of them,
shall survey, mark and bound, the said road as straightened, altered
and amended by them, (at least thirty feet in width) and return
a plot thereof, with a certificate of the courses and distances of
the same, to the clerk of Queen Anne's county, with the proba-
ble amount of expenses that may be incurred for opening,
straightening and amending the said road.
2. And be it enacted That the said commissioners shall ascertain
what damages, (if any) the owner or owners of land over which the
said road may be laid out shall or may sustain for and on account
of the same having been laid out through or over their lands, and
return the same, under their hands, to the levy court of Queen
Anne's county, and the said levy court be, and they are hereby
authorised and directed, to assess and levy on the assessable pro-
perty of said county, such sum or sums of money as shall be as-
certained by said commissioners to be due to the landholders
aforesaid, which sum or sums of money shall be collected and
paid over as other county charges are, to those persons entitled
to receive the same, and shall also levy such sum as the commis-
sioners aforesaid shall recommend for opening and clearing the
said road; Provided always, that, if any person or persons
through whose lands the said road may pass, his, her, or their
guardian or trustee, shall conceive themselves aggrieved by such
valuation and assessment of damages by the said commissioners,
it shall and may be lawful for any justice of the peace of said
county, 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, uninterested in the opening of the
said road, to appear on a day by the said justice to be appointed,
on the land of the. person or persons making application as afore-
said, or for whose benefit such application shall be made; and
the said freeholders, having first made oath that they will, with-
out favour, affection or partiality, assess the damages sustained
by the person or persons at whose request such inquisition shall
be taken, by reason of opening the said road through his, her,
or their land, shall thereupon proceed to assess and value the da-
mages accordingly, taking into consideration the advantages and
disadvantages, (if any) of which the said commissioners, or a
majority, shall have at least five days notice, and shall return the
damages so assessed to the said justice of the levy court, and
such inquisition and valuation shall be final and conclusive; Pro-
vided, that the said road shall not pass through any house, yard,
garden or orchard, without the consent of the owner or owners
thereof.
3. And be it enacted, That the levy court of said county shall
immediately upon the return of the plot and certificate of the
said road, appoint one or more supervisors to open and clear the
said road, and when opened, the same shall forever thereafter be
deemed a public highway, and kept in repair as other public
roads in said county are.
4. Whereas, the road leading from the Manor Road, through
the lands of the late Joseph Meconnikin, to T. P. being a part of
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Dec. Ses. 1816
Damages to be
ascertained. .
Proviso.
Proviso.
Supervisors to
be appointed.
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