THOMAS SIM LEE, Efquire, Governor.

1793.

merit direction to interfect the ftate's road leading to the mouth of Savage river ;
and the faid roads, when fo laid out, opened, cleared and completed, fhall be
recorded among the records of Allegany county court, and hereafter deemed pub-
lic roads, and fhall be kept in repair in the fame manner as other public roads in
the faid county are kept in repair.

C H A P.
XXXII.

IV. And be it enacted, That the faid commiffioners refpectively, or any two of
them, fhall afcertain, value and determine, the damage done and fuftained by
any perfon or perfons through whofe land the faid roads, or either of them,
fhall pafs, by laying out and opening the roads aforefaid, and make their return
thereof, under their hands and feals, to the juftices of Allegany county court,
at their next fitting after the paffage of this law, and the faid valuation fhall be
made before the faid commiffioners fhall proceed to open and clear the fame
and in cafe any proprietor or proprietors, or their guardian or truftee, fhall con-
ceive themfelves aggrieved by the valuation of the faid commiffioners, it fhall and
may be lawful for any juftice of the peace for Allegany county, and they are
hereby required fo to do on application of any perfon or perfons interefted, to
iffue his warrant, directed to the fheriff of the county, commanding him to fum-
mon twelve freeholders, difinterefted as to the faid road or roads, to appear, on
a day by him to be appointed, on the land of the perfon or perfons making ap-
plication as aforefaid; and the faid freeholders fhall refpectively repair to fome
magiftrate of the faid county, and take the following oath, or affirmation, to
wit: " I, A. B. do fwear, or affirm, that I will honeftly and faithfully eftimate
"and value the damage and injury fuftained by C. D. by opening the road or
"roads (as the cafe may be,) through the land of the faid C. D. in purfuance
"of this act," and fhall return the damages by them affeffed to the clerk of Al-
legany county; and the damages fo affeffed by the faid freeholders, or a majority
of them, and returned, fhall be conclufive.

Who fhall af-
certain da-
mages, &c.

V. Provided nevertheless, and be it enacted That all cofts, charges and ex-

pences, attending the laying out, marking and bounding, the aforefaid roads,
fhall be paid by the faid petitioners.

Provifo.

C H A P. XXXIII.
An ACT for the relief of Elam Bailey, of Baltimore county.

WHEREAS it is reprefented to this general affembly, that the turnpike
road leading from Baltimore-town to Ellicott's lower mills, runs
through the lands of Elam Bailey, and that the valuation of the da-
mages fuftained by him in the premifes was made by a jury in his abfence, and
without any previous notice being given him of the time and place appointed for
the meeting of fuch jury: And whereas the faid Elam Bailey further reprefent-
cth, that he hath been greatly injured in his property by the faid turnpike road
running through his land, and that he is alfo aggrieved by the valuation of the
jury fo made in his abfence; and this general affembly, being defirous of afford-
ing relief,

Paffed De-
cember 28,

Preamble.

II. Be it enacted, by the General Affembly of Maryland, That the commiffion-
ers of review of the turnpike roads in Baltimore county, on the application of the
faid Elam Bailey, may iffue their warrant, directed to the fheriff of Baltimore coun-
ty, commanding him to fummon and return a jury of good and lawful men of
his county, to be and appear before one or more juftices of the peace for the faid
county, on the land of the faid Elam Bailey, at a certain day in the faid warrant
expreffed, giving the faid Elam Bailey five days previous notice; which jury,
upon their oath, to be adminiftered by fome juftice of the peace, fhall inquire
what damages the faid Elam Bailey will fuftain by reafon and occafion of carry-
ing fuch road over and through his faid land; and the faid jury are hereby re-
quired to confider the convenience and benefit, and the difadvantages, if any, by
reafon of fuch road paffing through fuch land; and the faid fheriff fhall return
the inqueft of the jury, under his and their hands and feals, to the commiffioners
of review.

Commiffion-
ers may iffue
their warrant,
&c.