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Dec. Ses. 1816
Damages to be
ascertained.
Jury to be sum-
moned when
parties consi-
der themselves
aggrieved.
Road not to be
opened thro'
any yard, &c,
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2. And be it enacted, That the commissioners aforesaid, or a
majority of them, shall value and ascertain the damages that
may be sustained by any person or persons through whose lands
the said road may pass, by opening of the same, and the da-
mages so ascertained, or in the event of their being ascertained by
jury, shall be paid over to the person or persons entitled to the
same.
3. And be it enacted, That if any person or persons through
whose land the said road may pass, or his or their guardian or
trustee, conceive himself, herself or themselves, aggrieved by
such valuation or assessment of damages by said commissioners,
it shall and may be lawful for a justice of the peace of the coun-
ty in which said land is, on his or their application, to issue
his warrant, under his hand and seal, directed to the constable of
the hundred, commanding him to summon twelve disinterested
men qualified by law to serve as jurors in the county court, to
meet upon the premises upon a certain day, of which ten days
notice shall be given to the party or parties interested; and that
the said jurors, when so met, and having each first taken an oath
before some justice of the peace for such county, that he will,
without favour, affection, prejudice or partiality, assess the da-
mages sustained by the person or persons at whose request such in-
quisition shall be taken, by reason of opening the aforesaid road
through his, her, or their lands, shall thereupon proceed to assess
and value the damages accordingly, taking into consideration the
advantages and disadvantages if any, and such inquisition or
valuation shall be final and conclusive; but should the jury
award a sum as small or smaller for damages than the commis-
sioners had previously done, then and in that case the person or
persons at whose instance it was held, shall pay all the- legal costs
and charges of said inquisition; but if on the contrary they
should award a larger sum, then the costs of such inquisition
shall be paid by the petitioners.
4. And be it enacted, That the said road shall not be opened
through any orchard, yard or garden, without the consent of the
owner.
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Passed Jan. 4.
Road to be laid
out, &c.
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CHAPTER 44.
An act to lay out a Road near Peter Hoffman's Mill, in
Baltimore County.
Sec. 1. Be it enacted by the General Assembly of Maryland, That
William Matthews, John Shauke, and Philip Rhule, be and they are
hereby appointed commissioners, and they, or a majority of them,
are hereby authorised to lay out and open, at the expense of the
petitioners, or any person or persons, who may think proper to
contribute thereto, a road not exceeding thirty feet in width, in
the best and straightest direction that the nature of the ground
will admit of, beginning at a county road near Hoffman's paper
mill, from thence by the said mill until it intersects the Penn-
sylvania line, at or near to where a county road crosses said
line leading to York-Town, in Pennsylvania, and also at or near
David Rinehart's; and the said road, when laid out and open-
ed, and the valuation hereinafter directed to be made shall have,
taken place, and a plot thereof made out and returned to the
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