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Ramsay, be and are hereby appointed commissioners for the
purposes of this act, and that they, or any two of them, are here-
by authorised and required to survey and lay out a road not ex-
ceeding thirty-three feet wide, beginning at a certain point to be
fixed on by said commissioners, or any two of them, near the
mill-race of the late George Gale, and on the public road leading
from the Brick Meeting-House by Richard Reynold's mill, to the
lower ferry on Susquehanna river, and running thence in the
most convenient course till it intersects the public road leading
from the lower ferry to Battle Swamp, just below the mouth of
a run called Bateman's Fresh.
2. And be it enacted, That it shall be the duty of the said
commissioners, or any two of them, to cause a plot and certificate
of said road to be made, as soon as can be conveniently done,
and to make a return thereof to the levy court of Cecil county.
3. And be it enacted, That all that part of the present public
road leading from the point where the road hereby authorised and
directed to be located shall commence, to its intersection with
the road leading from the lower ferry to Elkton, be, and the same
is hereby declared to be, private property, and the owner or
owners of the land through which the same runs, are hereby au-
thorised and empowered to close and stop up the same, and the
said land, in the several and respective portions, according to
their several metes and bounds, to occupy and use, as fully and
amply as if the same had never been declared to be a public
road; Provided always, that Levin Gale and Henry Chamber-
laine, their heirs, executors or assigns, shall, at their own pro-
per costs and charges, make the road, to be located under the
provisions of this act, good and passable, and have a certificate
of its being so made, signed by the commissioners aforesaid, or
any two of them, returned to the levy court of said county, be-
fore they shall stop the road hereby authorised to be shut up.
4. And be it enacted, That when the said road is made good and
passable, and a certificate of that fact returned as aforesaid, then
the same shall be. and is hereby declared to be, a public highway,
and shall be kept in repair as the other public roads in Cecil
county are kept in repair.
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Dec. Ses. 1816
Plot to be made
out.
A road to be
shut up.
Proviso.
Road declared
public.
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CHAPTER 117.
An act for the relief of Levi Dukes, of Caroline County.
Sec. 1. Be it enacted by the General Assembly of Maryland, That
it shall and may be lawful for Levi Dukes, of Caroline county,
on all suits which have been or may be brought against him by
Thomas Buchanan, or his assignees, on any bill obligatory, or
sealed note, in any court of common law in this state, to plead
non est factum to all and every such suit, without making affidavit
to the truth of such plea; Provided, that before the said Levi
Dukes shall be permitted to file any plea of non est factum under
this act, he shall make oath, before some person authorised to
administer the same, to the exact number of notes or bills obli-
gatory which he did execute to the said Thomas Buchanan, and
for the amount or sums for which they were given, and that he
executed no other to the said Thomas Buchanan, and file the
same in Caroline county court thirty days before the trial, and
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Passed Jan 13
J. Dukes au-
thorised to
plead non est
factum.
Proviso.
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