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12. And be it enacted, That when any road shall be opened or
Straightened according to the provisions of this act, and well and
sufficiently cleared, it is hereby declared that the same shall be
for ever thereafter a public road, and shall be, kept in repair as other
public roads are.
13. 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 a day, to be ascertained by the county
court of the. county to which the, said plot or certificate shall be. re-
turned, which, together with all charges arising from the survey
or attendance of witnesses, or other process of the court, shall in
the discretion of the said court, be paid by the petitioners, or le-
vied, collected and paid, by the county, as herein before directed.
14. And be it enacted, That the officers of the several county
. courts of this state shall be entitled to receive the same fees for all
business done in virtue of this law, as are now allowed for like
services, to be paid as aforesaid.
15. And be it enacted, That nothing in this act shall be construed
to repeal the power heretofore vested in the several levy courts of
this state, in and relating to the altering of public roads through
the lands of persons petitioning for such alteration.
16. And be it enacted, That whenever it shall be adjudged by the
county court that the damages, or any proportion thereof sustained
by reason of opening, straightening or shutting up, any road, shall
be paid by the petitioners therefor, the clerk of the county court
shall not transmit to the levy court a copy of the said judgment as
aforesaid, until the said petitioners shall have proved to his satis-
faction that the said damages, or such proportion thereof as afore-
said, have been fully paid or tendered to the respective persons au-
thorised to receive the same; Provided always, that such proof
shall be offered within six months next after the judgment of the
court; and in case the said proof shall not be made within the time
above limited, the same proceedings shall be had as if the judg-
ment of the court had been against the petitioners, and the said pe-
tition shall be considered as withdrawn by the said petitioners.
17. And be it enacted, That the act, entitled. An act to empower
and authorise the several county courts of this state to direct the
opening, straightening, or shutting up, of public roads, passed at
December session eighteen hundred and sixteen, be and the same is
hereby repealed; Provided always, that any proceedings heretofore
begun under the provisions of that law, may be proceeded on and
shall have the same effect, as if the above mentioned act had not
been passed.
18. And be it enacted, That nothing in this act contained shall
be construed to extend to Worcester county.
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CHAP. 89.
When opened and
cleared to be a
public road for
ever.
Compensation to
commissioners.
Fees of officer, of
county courts.
Nothing in this
, act to repeal pow-
er vested in levy
courts relating to
altering public
roads.
When court shall
adjudge damages
to be paid by pe-
titioners, judg-
ment not to be
transmitted until
damages are paid.
Proviso.
Act repealed.
Proviso.
This act not to ex-
tend to Worcester
county.
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CHAPTER 90.
An act to Quiet Possessions, and to prevent Suits at Law.
Sec. 1. Be it enacted, by the General Assembly of Maryland,
That wherever land shall be taken up, under a common or special
warrant, or warrant of resurvey, any person or persons, bodies
corporate or politic, may give in evidence, under the general issue,
his, her, or their possession thereof; and if it shall appear in evi-
dence that the person or persons, bodies corporate or politic, or
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Passed Jan 26 1819
Where land shall
be taken up under
a common or spe-
cial warrant, per-
sons may give in
evidence their
possession thereof.
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