1792.

L A W S of M A R Y L A N D.

C H A P.

XXXVI.

may be lawful for any juftice of the peace of the county in which fuch aggrieved
perfons refide, on application of the party interested, to iffue his warrant, under
hand and feal, directed to any conftable of the county, commanding him to
fummon five freeholders, difinterefted as to the faid road, to appear, on a day by
him to he appointed, on the land of the perfon making application as aforefaid ;
and the faid freeholders, having firft made oath before fome juftice of the peace,
that they will, without favour, affection, prejudice or partiality, affefs the da-
mages fuftained by the perfon or perfons at whofe requeft fuch inquifition fhall
be taken, by reafon of opening the aforefaid road through his, her or their land,
fhall thereupon proceed to affefs and value the damages accordingly, of which
the faid commiffioners fhall have had at leaft five days previous notice, and fhall
return the damages fo affeffed to the faid juftice of the peace, and fuch inquifition
and valuation fhall be final and conclusive; and the party or parties in whofe fa-
vour the valuation afcertained by the faid commiffioners, or the damages affeffed
by the faid freeholders, fhall be made, fhall be entitled to receive the fame from
the faid commiffioners; and the faid commiffioners fhall pay, or fecure to be
paid, the amount of the faid valuation or damages to the refpective parties entitled
to the fame, out of the monies to be raifed and collected from the fubfcriptions
to the faid road, within the fpace of fix months after the affeffment of fuch
valuation or damages, and before they fhall proceed to affect the lands and tene-
ments of the perfon or perfons concerned.

Provifo.

V. Provided, That the faid road fhall not go through any houfes, gardens,
yards or orchards, unlefs with the confent of the owner thereof.

C H A P. XXXVII.

Paffed De-
cember 22.

An ACT to lay out and open a road to and from the mills of
Jofhua Afkew, on the main falls of Patapfco river, in Anne-
Arundel county.

Preamble.

WHEREAS Jofhua Afkew, by his petition to this general affembly,
hath fet forth, that he has erected large and commodious grift and
fulling mills on the main falls of Patapfco river, and prayed that a
law might pafs to lay out, open and eftablifh, a public road from the road lead-
ing from Frederick-town to the town of Baltimore, by Ellicott's upper mills, to
commence at the aforefaid main road at or about David Cumming's new build-
ings, and from thence to his faid mills, and from his mills again unto the afore-
faid main road leading to Baltimore-town, to interfect it at about two miles weft-
ward of Ellicott's upper mills; and the prayer of the faid petitioner being thought
reafonable,

Commiffion-
ers appointed,
&c.

II. Be it enacted, by the General Affembly of Maryland, That Charles Fox,
Jofeph Evans and John Cord, or any two of them, be and they are hereby ap-
pointed commiffioners to furvey, lay out and open, at the expence of the faid
Jofhua Afkew, a road not exceeding twenty feet in width, in fuch direction as
they fhall conceive will beft anfwer the purpofes of this aft, from the road lead-
ing from Frederick-town to Baltimore-town, to the mills of the faid Jofhua
Afkew, on the main falls of Patapfco, and from thence to interfeft the aforefaid
road to Baltimore-town and the faid road, when fo furveyed, laid out and
opened, and the valuation herein after directed to be made fhall have taken
place, fhall be recorded in Anne-Arundel county court, and fhall be deemed and
taken to be a public road for ever thereafter.

Damages to
be afcertain-
ed, &c.

III. And be it enacted, That the faid commiffioners fhall afcertain and value
what damages may be fuftained by any perfon or perfons through whofe land the
laid road fhall pafs, and the fame, when fo affeffed, fhall be paid, or feeured to
be paid, by the faid Jofhua Afkew, before the faid commiffioners fhall proceed
to open the faid road; provided always, that if any perfon or perfons through
whofe land the faid road fhall pafs, or his, her or their guardian or truftee, fhall
conceive themfelves aggrieved by fuch valuation and affeffment of damages by the
faid commiffioners, it fhall and may be lawful for the faid commiffioners, or any