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Dec. Ses. 1817.
Plot to be re-
turned—Over-
seer to be ap-
pointed.
Levy to be
made.
Damages to be
ascertained.
Proviso.
Jury to be
summoned in
certain cases.
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any person or persons, without the consent of the owner or owners
first obtained in writing.
2. Be it enacted, That it shall be the duty of the commissioners
aforesaid to cause plots and certificates of said road to be made,
and return the same to the levy courts of Frederick and Montgo-
mery counties, to be recorded among the records of said counties;
whereupon the levy courts of said counties shall appoint an over-
seer to open and clear said road, agreeably to the plots and certi-
ficates aforesaid; and said road when cleared and opened as afore-
said, shall be and the same is hereby declared to be, for ever after-
wards, a public road.
3. And be it enacted, That the said levy courts of the counties
aforesaid are hereby authorised to open the said road at the ex-
pense of the said counties, by a levy on the assessable property of
the said counties, if in the judgment and discretion of the said levy
courts the public utility and advantage require it.
4. And be it enacted, That the said commissioners, or a majo-
rity of them, shall value and ascertain the damages that may bo
sustained by each and every of the persons through whose, lands the
said road may pass, by the opening the same, taking into conside-
ration the advantages and disadvantages, if any, and the damages
so ascertained shall be levied and assessed as other county charges
are, and shall be paid over to the persons respectively through
whose land the said road may pass; Provided however, That no
person or persons through whose land the said road may pass, and
who has signed the petition for the same, shall be entitled to any
damages by virtue of this act.
5. 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, shall conceive himself, herself, or themselves, aggrieved
by such valuation or assessment of damages by the commissioners
aforesaid, it shall or may be lawful for a justice of the peace of
said counties, on his or their application, to issue his or their war.
rant, under seal, directed to a constable of the hundred, command-
ing him to summon twelve disinterested men, qualified to serve as
jurors in the county courts aforesaid, to meet upon the premises
upon a certain day, of which ten days notice at least shall be given
to the party or parties interested; and the said jurors, when so met,
and having each first taken an oath before some justice of the peace,
that he will, without favour, affection, prejudice, or partiality, as-
sess the damages sustained by the person or persons at whose re-
quest such inquisition shall be taken, by reason of opening the said
road through his, her, or their land, shall thereupon value and as-
certain the damages accordingly, taking into consideration the ad-
vantages and disadvantages, if any, and such inquisition and va-
luation shall be final and conclusive between the parties respec-
tively.
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