THOMAS SIM LEE, Efquire, Governor.

1793.

and the faid commiffioners, or any three of them, are hereby authorifed to lay
off and open as aforefaid, at the expence of the fubfcribers to faid petition, a
good road, fufficient for the paffage of any carts or waggons, not exceeding
thirty-three feet wide, from the town of Federalfburgh, on the north-weft fork of
Nanticoke river, in Dorchefter county, to Cratcher's ferry in the faid county ;
and the faid road, when fo laid out and opened, and cleared and completed at the
expence of the faid fubfcribers, and after the valuation herein after directed to be
made, and the damages hereby directed to be affeffed fhall be paid, or fecured, to
the individuals concerned, fhall be recorded among the records of Dorchefter
county court, and be thereafter deemed and taken to be a public road for ever;
and fhall be kept in repair in the fame manner as other public roads are directed
to be kept in the faid county.

C H A P.
XLVIII.

III. And be it enacted, That the faid commiffioners may appoint one of their
number as treafurer, who is hereby enjoined and empowered to collect and receive
all monies fubfcribed, or that may be fubfcribed, for the purpofe of laying out
and clearing the faid road, and fuch fubfcribers are hereby directed to pay their
feveral fubfcriptions to the treafurer appointed as aforefaid; and if any perfon fhall
neglect or refufe to pay the fum fubfcribed, the faid treafurer, or any of the faid
commiffioners in the name of the whole, may and is hereby authorifed to fue
for, recover and receive the fame; and the faid monies, when received, fhall be
applied by the faid commiffioners, or any two of them, to the purpofes of this
act.

Who may ap-
point a trea-
furer, &c.

IV. And be it enacted, That the commiffioners aforefaid fhall afcertain and
value what damages may be fuftained by any perfon or perfons through whofe
lands the faid road may pafs, by opening and clearing the fame, 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 conceive themfelves aggrieved by the valuation of the faid commif-
fioners, it fhall and may be lawful for any juftice of the peace of Dorchefter
county, on application by any perfon interefted, to iffue his warrant, under hand
and feal, directed to any conftable of the county aforefaid, commanding him to
fummon five freeholders, difinterefted as to the faid road, to appear, on a day by
him to be appointed, on the land of the perfon making application as aforefaid ;
and the faid freeholders fhall refpectively repair to fome juftice of the peace for
the faid county, and take the following oath, or affirmation, to wit: "I, A. B.
"do fwear, or folemnly, fincerely and truly declare and affirm, that I will
"honeftly and faithfully eftimate and value the damages and injury fuftained by
"C. D. in purfuance of the directions of this act;" and fhall return the damages
by them affeffed to the faid juftices of the peace; and the damages fo affeffed and
returned fhall be conclufive, and the party or parties, in whofe favour the valua-
tion 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 re-
ceive the fame, out of the monies to be raifed and collected from the fubfcriptions
to the faid road, within fix months after the afcertainment of fuch valuation or
damages, and before they fhall proceed to affect the lands and tenements of the
perfon or perfons concerned; provided, that the faid road fhall not go through
any houfes, gardens, meadows or orchards, unlefs with the confent of the owner
thereof.

And afcertain
damages, &c.

C H A P. XLIX.
An ACT to authorife the regifter of the land-office to iffue a patent
to Salathiel Fitchett for lot number fix in Nanticoke manor.

WHEREAS it hath been reprefented to this general affembly, by the
petition of John Henry, adminiftrator of John Brown, John Ecclef-
ton and Salathiel Fitchett, that the late John Brown, of Dorchefter
county, purchafed the lot number fix, of the commiffioners for the prefervation
and fale of confifcated Britifh property, lying in Nanticoke manor, which, by

Paffed De-
cember 28.

Preamble.