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Dec. Ses. 1817.
Lumber yards
to be laid out in
certain cases.
Provisos.
Damages.
Oath.
Compensation.
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for opening the said road, agreeably to the plot and certificate
aforesaid; and the said road, when so opened, 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.
25. And be it enacted, That on applications for any public road,
granted under the provisions of this act, in Worcester county,
leading to navigable water, it shall be the duly of the com-
missioners, when directed by the levy court, to lay out a quantity
of land for a lumber yard, at the discretion of the said levy court,
not exceeding three acres, to be bounded at the corners, for the
use of the county; and valuation of damages shall be made by said
commissioners for said lot of land, and when levied and collected,
shall be paid to the persons entitled to receive the same; and the
levy court may in like manner on petition as aforesaid for a public
landing only, direct the said quantity of land to be laid out, mark-
ed and bounded for a public landing or lumber yard as aforesaid,
and damages to be ascertained, levied and paid, as aforesaid; and
a plot and certificate of all public roads and landings or lumber
yards as aforesaid, shall be returned to the levy court, and by
them transmitted to the clerk of the county court, to be by him re-
corded among the records of the county, and all such roads, land-
ings and lumber yards, shall be kept in repair as other public
roads are, for the free use of the county; Provided nevertheless,
that there may be an appeal from the decision of the levy court to
the next county court, and the decision of the county court shall
be conclusive, and in case the county court shall confirm the deci-
sion of the court below, the cost to be paid by the person appeal-
ing, otherwise by the county; Provided, no road, landing, or lum-
ber yard, shall be laid off under this law through the yard, gar-
den, building or orchard, of any person or persons, without his,
her or their consent.
26. And be it enacted, That the commissioners, or a majority of
them, shall value and ascertain the damages that may be sustained
by each and every person through whose lands the said road may
pass, by opening of the same, taking into consideration the advan-
tages and disadvantages of the same, the damages so ascertained
shall be levied and collected as other county charges are, and shall
be paid over to the persons respectively through whose lands the
said road may pass, provided that no road shall be opened until
the said damages shall be paid.
27. And be it enacted, That the said commissioners before they
proceed to act, shall take an oath, before a justice of the peace,
that they will, without favour, partiality or prejudice, assess the
damages sustained by the persons through whose lands the said
road, landing or lumber yard, shall pass or be opened by reason of
opening the same.
28. And be it enacted, That the said commissioners shall be en-
titled to receive a compensation for their services and attendance,
not exceeding two dollars per day, and all officers of the county
court shall be entitled to the same fees for all business done in vir-
tue of this law, as are now or shall be hereafter received for like ser-
vices, to be ascertained by the levy court of said county, which, toge-
ther with all charges arising from the survey or attendance of wit-
nesses, shall be levied, collected and paid, as other county charges are.
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