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CHAPTER 232.
An act to lay out and open a Road in Montgomery and
Anne Arundel Counties.
Sec. 1. Be it enacted by the General Assembly of Maryland,
That Henry C. Gaither, John H. Riggs, Beal Gaither, Thomas
Hood, and Nicholas Worthington, of John, or a majority of them,
be, and they are hereby appointed commissioners, to survey and
lay nut at the expense of the petitioners, or other persons inte-
rested therein, a road not exceeding forty feet in width, in the
best and straightest direction, taking all circumstances into
consideration, from the town of Unity, in Montgomery county,
to the establishment of Caleb Bentley and Company, known by
the name of Triadelphia, and thence crossing the Patuxent into
Anne-Arundel county, to intersect the road from Roxbury mills
to Elk-Ridge Landing, at or near the point where the road from
Dennis Dorsey's touches the same; and the said commissioners shall
make out a plot of such part of said road as lies in Montgomery
county, and return the same to the clerk of the county court,
and also of that part of said road which lies in Anne-Arun-
del county, and return the same to the clerk of that county
court, to be recorded respectively amongst the records of said
counties; and the road, when so opened at the expense of the
petitioners or others interested therein, and the valuation herein
after directed to be made shall be paid, or secured to be. paid,
to the individuals concerned, shall he thereafter deemed to be a
public road for ever, and shall bo kept in repair in the same
manner as other public roads are directed to be kept in said
counties.
2. And be it enacted, That in case of death, resignation, dis-
qualification, or refusal to act, of any of the commissioners
aforesaid, then the remaining commissioners, or a majority of
them, shall be and they are hereby authorised and directed to fill
up such vacancy or vacancies.
3. And be it enacted, That the commissioners aforesaid, or a
majority of them, shall ascertain and value, if required, what
damages may be sustained by any person or persons through
whose land the said road may pass, and the said valuation shall
be made, and the damages paid, or secured to he paid, to the
person or persons aggrieved, before the said commissioners shall
proceed to open and clear the same; Provided, that if any person
or persons through whose land the said road shall pass, or his,
her, or their guardian or trustee, shall conceive him, her or them-
selves aggrieved by such valuation and assessment of damages
by the said commissioners, it shall be lawful for any justice of
the peace of the county in which such part of the road may lie,
on application of any person or persons interested, to issue his war-
rant, under his hand and seal, directed to the sheriff of said
county, commanding him to summon twelve disinterested free-
holders, to appear on a certain day to be appointed by the said
justice, on the land of the person making the application, and
the said freeholders having first made oath, or affirmation, before
some justice of the peace for the said county, that they will,
without favour, affection or partiality, assess the damages sus-
24
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Dec. Ses. 1816.
Passed Feb. 4.
Commissioners
appointed to
survey and lay
out road.
Vacancies.
Damages to fee
ascertained.
Proviso.
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