THOMAS SIM LEE, Efqire, Governor.

1792.

two of them, to iffue their warrant to the conftable of the hundred to fummon
five freeholders of the county, qualified by law to ferve as jurors in the county
court, to appear, on a day to be by them appointed, on the premifes, and the
faid commiffioners are hereby authorised to adminifter an oath, or affirmation, to
every fuch freeholder, that he will, without favour, affection, prejudice or par-
tiality, affefs the damages fuftained by the perfon or perfons at whole requeft fuch
inquifition fhall be taken, by reafon of opening the aforefaid road through his,
her or their land, and fuch freeholders fhall thereupon proceed to affefs and value
the damages accordingly, of which the faid Jofhua Afkew fhall have had at leaft
five days previous notice, and fuch inquifition and valuation fhall be final and
conclusive between the parties; and provided alfo, that the faid road fhall not be
opened through the buildings, gardens, yards or orchards, of any perfon, with-
out his or her confent.

C H A P. XXXVIII.

CHAP.

XXXVII.

An ACT refpecting loft certificates.
WHEREAS juftice requires that all certificates iffued by this ftate,
which have been loft, fhould be renewed under fuch reftrictions and
regulations as will prevent the ftate from being twice burthened with
the payment thereof: And whereas all certificates received into the treafury be-
fore the firft day of November, one thoufand feven hundred and eighty-five, have
been burnt and deftroyed, fo that it cannot now be afcertained what certificates
were received before that day, but all certificates received fince that day have been
lifted and retained in the treafury ;

Paffed De-
cember 22.

Preamble.

II. Be it enacted, by the General Affembly of Maryland, That if any holders of
any certificate, iffued under the authority of this ftate, fhall have loft, fince the
firft day of November, one thoufand feven hundred and eighty-five, the fame, it
fhall and may be lawful for the governor and the council for the time being, on
the petition of the party who fhall have loft any certificate as afbrefaid, upon his
producing the treafurer's certificate that the fame has not been received into the
treafury, nor funded, and evidence that the lofs of the certificate, and his inten-
tion to apply to have it renewed, has been advertifed eight weeks in the Mary-
land Journal and Baltimore Advertifer, to inquire into the cafe on the oath oi
witneffes, and if it fhall appear to them that the party applying hath loft a certi-
ficate or certificates fince the faid firft day of November, one thoufand feven hun-
dred and eighty-five, iflued under the authority of this ftate, they fhall direct the
treafurer of the weftern fhore to iffue a certificate or certificates, as the cafe may
be, for the fum or fums for which the original certificate or certificates were
granted, to bear the fame intereft as the original certificate, from the time from
which if fhall be made appear to have been due.

In cafe of lofs,
governor, &c.
may inquire,
&c.

III. Provided, That no certificate fhall iffue from the treafury before the par-
ty applying fhall execute a bond, with two good and fufficient fureties, to be ap-
proved by the treafurer, to indemnify the ftate againft payment of the certificate
alleged to be loft; which faid bond, when taken and executed, fhall be a lien up-
on the real eftate of fome one of the obligors to the full value of the penalty of
faid bond; and the eftate, fo to be bound, fhall be fpecified to the treafurer, and
endorfed on the back of the bond at the time of the taking thereof, and the trea-
furer fhall annually tranfmit a lift of fuch liens to the feveral counties where fuch
lands may be, there to be recorded at the expence of the party owning fuch land.

Provifo.

IV. Premises alfo, and be it enacted, That the perfon lofing his certificate
fhall not be entitled to a new certificate unlefs it appears to the fatisfaction of the
governor and council that the certificate loft was a genuine certificate, and not
forged or counterfeit.

CHAP. XXXIX.

Provifo.

An ACT for building a new gaol in Chefter-town, Kent county.

WHEREAS, by the petition of fundry inhabitants of Kent county, it is
reprefented to this general affembly, that the public gaol of faid
county is in fo ruinous a ftate as to be altogether unfit for ufe, and

Paffed De-
cember 22.

Preamble.