1792.

LAWS of MARYLAND.

C H A P. XXXIV.

Paffed De-
cember 22.

An additional fupplement to an act, entitled, An act directing the
time, places and manner, of holding elections for reprefenta-
tives of this ftate in the congrefs of the United States, and for
appointing electors on the part of this ftate for choofing a pre-
fident and vice-prefident of the United States, and for the regu-
lation of the faid elections, and alfo to repeal the act of affem-
bly therein mentioned.

Preamble.

WHEREAS the faid act does not prefcribe what evidence fhall be com-
petent to convict the feveral fheriffs failing to deliver or tranfmit to
the governor and council, within the time therein limitted, returns of
the elections of reprefentatives to congrefs, or of electors of prefident and vice-
prefident; and it is neceffary, for the purpofe of giving effect to the provifions
of the faid act, that fome mode, compelling the payment of the penalties thereby
impofed on Sheriffs failing to comply therewith, fhould be eftablifhed,

Upon pre-
fentment, a
certificate to
be evidence,
&c.

II. Be it enacted by the General Affembly of Maryland, That upon any pre-
fentment or indictment hereafter preferred againft any fheriff, for failing to make
any of the faid returns to the governor and council within the time limitted by the
act to which this is a fupplement, and alfo upon the trial of fuch indictment, a
certificate from the governor and council, figned by the governor, and attefted by
the clerk of the council, and alfo authenticated by having the great feal affixed
thereto, of the true time when any fuch return was by them received, fhall be
good and competent evidence thereof; or, in cafe no return has been made, a
certificate from the governor and council as aforefaid, that there has been no
return made, attefted and authenticated as aforefaid, fhall be good and competent
evidence that no return has been made.

CHAP. XXXV.

Paffed De-
cember 22.

An ACT to eftablifh the road from Baltimore-town towards Fre-
derick-town, by Ellicott's upper mills, as far as the Poplar
Spring, as a public road, and for other purpofes therein men-
tioned.

Preamble.

WHEREAS fundry inhabitants of Baltimore, Anne-Arundel, and Fre-
derick counties, by their humble petition to this general affembly,
have fet forth, that from time immemorial there hath been a road
leading from Baltimore-town to the town of Frederick, by Dillon's Field, Elli-
cott's upper mills, Cumming's new buildings, Fox's, the Red-Houfe tavern,
Cook's tavern and the Poplar Spring, and that it never having been made a pub-
lic road by law, they are deprived of the benefit and utility of the fame, to their
great injury and inconvenience, by its not being eftablifhed a public road as afore-
faid; and the prayer of the faid petitioners appearing to this general affembly to
be reafonable; therefore,

Road deemed
public, &c.

II. Be it enacted, by the General Affembly of Maryland, That the aforefaid
road leading from Baltimore-town towards the town of Frederick, by the afore-
faid places, as far as the Poplar Spring, be, and the fame is hereby declared,
deemed, and taken to be, a public road for ever, any law to the contrary in any-
wife notwithftanding.

Commiffion-
ers appointed,
&c.

III. And be it enacted, That Charles Alexander Warfield, Levin Lawrence
and Thomas Hobbs, or any two of them, be and are hereby appointed commif-
fioners on the aforefaid road for Anne-Arundel county, and Thomas Worthing-
ton, Zachariah Maccubbin and Daniel Carroll, or any two of them, be and are
hereby appointed commiffioners on the aforefaid road for Baltimore county; and
that they, or any two of them, are hereby authorifed and empowered to lay out,
mark and bound the &me, not more than forty feet in width, agreeable to its