THOMAS SIM LEE, Efquire, Governor.

1793.

IV. And, whereas the ftreightening and amending old, and making new roads,

may caufe damage to the proprietors of land through which the fame may pafs,
and it is reafonable and juft that compenfation fhould be made to fuch proprietors,
Be it enacted, That whenever any old road fhall be altered in its breadth or di-
rection, or any new road laid out, as aforefaid, the juftices aforefaid, or any five

of them, fhall be and they are hereby empowered and authorifed to agree with
the party injured for the amount of the damages fuftained, but if fuch agreement
doth not take place, then the faid juftices fhall iffue their warrant, directed to the
fheriff of the county, commanding him to fummon and return a jury of twelve
good and lawful men of the faid county, not interefted or related to the party or
parties, to be and appear before one of the faid juftices, on the premifes, at a
certain day in the faid warrant to be expreffed, which jury, upon their oath, or
affirmation if a quaker, menonift or tunker, to be adminiftered by fome one of
the juftices aforefaid, fhall inquire who is or are the owner or. owners of the land
over which any fuch road fhall pafs, and what damages fuch owner or owners
will actually fuffer from the paffage of the road over the land as aforefaid, when
the faid road is a new one, or by widening or ftreightening faid read, when it is
a road heretofore laid out, taking into due consideration all conveniences and in-
conveniences, advantages and difadvantages, if any, arifing from fuch circum-
ftances, whether by the improvement of an old road, or making a new one; and
fuch fheriff fhall return the inqueft of the jury aforefaid, under their hands and
feals, and attefted by his official fignature and feal, to the next levy court to be
held for the county, and the amount of damages therein expreffed, if any, fhall
be paid by order of the faid court, out of the monies to be levied as aforefaid ;
provided, that no new road fhall be made through any building, enclofed yard,
garden or orchard, againft the will of the owner, nor fhall any field, in which
grain, hemp, flax, tobacco, or other cultivated vegetables, be laid open, until
after the feafon for collecting and fecuring the crop.

C H A P.
LXXIII.

To agree for
damages, &c.

V. And be it enacted, That the faid juftices fhall and they are hereby required,
at their aforefaid meetings at their levy court every year thereafter, to nominate,
and by warrant under the hand of the clerk and feal of the county, appoint, fit
and proper perfons to be fupervifors of the public roads in their county, within
fuch divisions and diftricts as fhall be fpecified and affigned by faid court in the
faid warrants; and every fupervifor appointed in virtue of this act fhall give bond
to the ftate of Maryland, with good fecurity, in fuch fum or penalty as the faid
juftices fhall require, for the performance of his duty; and fuch fupervifors, fo
appointed, fhall continue to ferve as fuch until a new appointment as aforefaid by
the faid juftices at their levy courts, and in cafe of the death, removal, neglect;
refufal to act, or mifbehaviour, of any fupervifor fo appointed, the faid juftices,
or any three of them moft convenient, in the recefs of the faid court, may nomi-
nate and appoint, by warrant under their hands and feals, another perfon in his
place, to ferve for the refidue of the time for which faid fupervifor fo dying, re-
moving, refufing to act, or mifbehaving, was originally appointed; and the fu-
pervifors nominated and appointed as aforefaid fhall clear, amend, and keep in
good repair, the faid public roads within their refpective diftricts, and fhall make,
amend, and keep in good repair, all fuch bridges and caufeways as are needful
and requifite to be made and repaired; and to enable the faid fupervifors effectu-
ally to perform the faid duties, they are hereby empowered, from time to time, to
hire and employ, at reafonable wages, a fufficient number of labourers to work
on the faid public roads, and to hire and employ horfes, carts, waggons, or other
convenient carriages, for the purpofe of carrying earth, gravel, ftones, timber;
or other heavy articles, neceffary for amending the faid roads, or making and
keeping in repair the faid bridges and caufeways, and alfo to agree at reafonable
rates for, and purchafe, fuch wood and timber as may be neceffary in making
fuch bridges and caufeways.

And appoint
fupervifors,
&c.

VI. And be it enacted, That the warrants fhall be made out to the fupervifors
aforefaid by the clerk of the faid court, and by him delivered to the fheriff of the
county, within ten days after the faid warrant fhall be ordered by the faid court,
and fhall be delivered by the faid fheriff to whom the fame is directed, within.

Warrants to
be made out
by the clerk,
&c.