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point the said road shall be so opened, straightened or shut up;
and upon the said inquisition so as aforesaid made, it shall and may
be lawful for the said county court to examine into, and inquire
whether, under the circumstances, it would be advantageous
to the public that the said road shall be so or otherwise opened,
straightened or shut up, and if the said court shall be of opinion
that the said road ought to be so or otherwise opened, straight-
ened or shut up, that then it shall and may be lawful for the said
court to nominate five commissioners, who shall be freeholders,
and not related to the parties, nor holding lands through which
the said road shall be opened, straightened, or shut up, to open,
straighten, or shut up the said road, in the manner herein after
mentioned; and the said court shall decide if the expenses, or any
part thereof, attending the application for and of opening the said
road, shall be paid, or secured to be paid, by the persons petition-
ing for the same, or levied on the county.
2. And be it enacted, That the said court, before they proceed
to charge the grand jury to make inquisition as aforesaid, shall be
satisfied that two months notice has been given in some news-
paper printed in the county in which the land lies, (if one be
printed there) and by advertisements set up in the most public
places, and at the court-house of the county, of the intention to
apply to the said court for the opening and straightening, or shut-
ting up, of such road.
3. And be it enacted, That it shall not be lawful for any road
opened or straightened in virtue of this act, to pass through the
buildings, yards, gardens or orchards, of any person or persons,
without the consent of the owner or owners thereof.
4. And be it enacted, That the said commissioners so as afore-
said appointed by the county courts as aforesaid, for the purpose
of opening or straightening the road as aforesaid, or a majority
of them, shall proceed to lay out or straighten the road so as afore-
said ordered by the said county court to be opened or straighten-
ed, in the manner and of the width that the county court shall
have directed, as well as the nature of the ground and other cir-
cumstances will admit.
5. And be it enacted, That it shall be the duty of the said com-
missioners, so as aforesaid appointed by the court, or a majority
of them, to cause a plot and certificate of the said road, so open-
ed or straightened, to be made and returned to the levy court of
the county in which such land lies; and if the said county court
shall have determined that the damage shall be levied on the
county, it shall be lawful for, and the said levy court are hereby
enjoined, to levy upon the assessable property of the said coun-
ty, a sum of money such as they may deem necessary to open,
clear or straighten, the said road, agreeably to the plot and cer-
tificate aforesaid; and the said road, when so opened, cleared
or straightened, shall be, and the same is hereby declared to be,
for ever thereafter, a public road, and shall be kept in repair as
other public roads are.
6. And be it enacted, That the said commissioners, or a majo-
rity of them, shall value and ascertain the damages that may
be sustained by each and every person through whose lands the
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Dec. Ses. 1816
— to be first
satisfied that
two months
notice has
been given.
No road to
pass through
yards, &c.
Commission-
ers to proceed
to lay out
roads.
— to cause plot
and certificate
to be made and
returned.
Damages to be
ascertained.
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