1792.

LAWS of MARYLAND.

CHAP. XXVI.

Paffed De-
cember 22.

Preamble.

An ACT to open a road through part of Montgomery county.

WHEREAS application has been made to this general affembly, by the
inhabitants of Montgomery county, praying that a law may pafs for
the purpofe of opening a road from the dividing line between Frede-
rick and Montgomery counties to Thomas Morton's mills, from thence to the
mills of Zachariah Maccubbin, and from thence to interfect the main road lead-
ing to George-town and the federal city,

A road to be
laid out, &c.

II. Be it enacted, by the General Affembly of Maryland, That Montgomery
county court, on application, be authorifed and required to direct the furveyor
of the faid county to lay out the faid road, not exceeding twenty feet wide, in as
direct and ftreight a manner as the nature of the ground and legal reflections will
admit, and to make return thereof to the faid court; and if any perfon, through
whofe land the faid road fhall pafs, or if the perfons applying for the faid road,
fhall object to its running in the manner returned by the furveyor, the court
may make fuch alterations as they may think proper; and after the road fhall be
furveyed and laid out agreeably to this act, the court fhall direct the return there-
of to be recorded, and the fame fhall, for ever thereafter, be deemed a public
road; and, if required, the court fhall determine the compenfation to be made
to the owner or owners fo applying for compenfation, through whofe land the
faid road fhall pafs, which compenfation fhall be paid by the perfon or perfons
applying for fuch road.

Court may, on
application by
the party ag-
grieved, iffue
their warrant,
&c.

III. And be it enacted, That if either party interefted fhall think themfelves
aggrieved by the determination of faid court, then the court, on application by
the party fo aggrieved, fhall iffue their warrant, directed to the fheriff of the
county, commanding him to fummon and return a jury of twelve good and law-
ful men of the faid county, to be and appear before one or more of the faid
juftices, on the premifes, at a certain day in the faid warrant to be expreffed ;
which jury, upon their oath, to be adminiftered by fome one of the juftices
aforefaid, fhall inquire who is or are the owner or owners of the land over which
any fuch road fhall pafs, and what damages fuch owner or owners will actually
fuffer from the paffing of the road over the land as aforefaid; and fuch fheriff
fhall return the inqueft of the jury aforefaid, or of any eight of them agreeing,
under their hands and feals, and attefted by his official fignature, to the next
county court to be held for the county wherein fuch inqueft fhall have been
taken, and the amount of damages therein expreffed fhall be paid, by order of
faid court, by the perfons aforefaid; and the faid road fhall be kept open and re-
paired in the fame manner that other public roads of the faid county are; and
any perfon or perfons that fhall in any manner flop, change or obftruct, the faid
road, fhall forfeit and pay the fum of five pounds current money for every
offence.

Provifo.

IV. Provided always, That the faid road fhall not pafs through any yard

orchard, garden or meadow, without the confent of the proprietor thereof.

Paffed De-
cember 22,

Preamble.

CHAP. XXVII.
An ACT to extend the feveral ftreets in Baltimore-town therein
mentioned.

WHEREAS feveral inhabitants of Baltimore-town, by their petition to
this general affembly, have fet forth, that there is no other commo-
dious way for the inhabitants of the weftern part of Baltimore-town,

and the parts adjacent, to approach the Centre-Market, but through Baltimore,
commonly called Market-ftreet, which is fo often crowded with carts, waggons
and drays, that there is not fufficient room for the inhabitants to pafs and repafs
to and from the faid market, without incommoding and mutually obftructing
each other, and have prayed that an act may pafs, empowering and appointing
commiffioners to extend and open the following ftreets, to communicate with
each other; that is to fay, Fayette-ftreet, in Howard's Addition to the faid town,