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clerk of Baltimore county, to be recorded among the records of
said county, shall for ever thereafter be deemed a public road,
and shall be kept in repair as other public roads in said county.
2. And be it enacted, That the said commissioners, or a majori-
ty of them, shall ascertain and value what damages may be sus-
tained 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 be 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 themselves,
aggrieved by such valuation and assessment of damages by the
said commissioners, it shall be lawful for any justice of the peace
of said county, on application of any of the persons interested,
to issue his warrant, under his hand and seal, directed to any
constable of said county, commanding him to summon twelve
disinterested freeholders, to appear on a day to be appointed by
the said justice, on the land of the person making application ;
and the said freeholders, having first made oath before some jus-
tice of the peace for the said county, that, they will, without favour,
affection or partiality, assess the damages sustained by the per-
son or persons at whose request such inquisition shall be made,
by reason of opening the said road through his, her, or their
lands, shall thereupon proceed to assess and value the damages
accordingly, of which the said commissioners shall have at least
five days previous notice, and such inquisition shall be final and
conclusive; Provided always, that the said road shall not pass
through any house, yard, garden or orchard, without the consent
of the owner or owners thereof.
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Dec. Ses. 1816.
Damages to be
ascertained.
Provisos.
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CHAPTER 45.
An act respecting the Right of Challenge in Criminal Cases.
Sec. 1. Be, it enacted by flic General Assembly of Maryland, That
in every case of felony hereafter to be tried in any court of law
in this state, the person or persons accused thereof, shall have
the right to challenge the same number of jurors which he, she
or they, could have done prior to the passage of the act, entitled,
An act respecting crimes and punishments, passed in the year
eighteen hundred and nine, and every part of the said act incon-
sistent herewith be and the same is hereby repealed.
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Passed Jan. 4.
In cases of fe-
lony, person ac-
cused to have
a right of chal-
lenge.
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CHAPTER 46.
An act for the better payment of Jurors in Frederick and
Allegany Counties.
Sec. 1. Be it enacted by the General Assembly of Maryland, That
each and every juror summoned on the regular pannel of jurors
to Frederick and Allegany county courts, who shall reside more
than five miles from the place of holding the said court, shall,
in addition to the per diem allowed him by law, be entitled to an
allowance of twelve and a half cents for every mile, excluding
the first five miles, that his place of residence shall be distant
from the place of holding the county court of each county, to be
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Passed Jan. 4.
Jurors in cer-
tain cases al-
lowed itinerant
charges.
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