JOHN H. STONE, Efquire, Governor.

1794.

pointed by ballot for the purpofe aforefaid by the houfe of which they are refpec-
tively members, on the feventh day of the meeting of the general affembly.

C H A P.
XL

III. And be it enacted, That the faid forfeitures fhall be deduded out of the
allowances of the refpective perfons incurring the fame on the journal of ac-
counts, if fufficient, or if they fhall not be entitled to fuch allowance, or a fuf~
ficiency thereof, the clerk of each houfe fhall tranfmit, from time to time, to
the fheriffs of the counties refpedively, a true and perfect account of all for-
feitures incurred by this act, or the balance thereof, to be colleded in the fame
manner as the county tax, and tranfmitted by the feveral fheriffs to the treafurer
of his refpedive fhore.

Forfeitures to
be deducted,
&c.

CHAP. XII.
An ACT to extend the public road leading from Herring Creek,
in Worcefter county, to the north end of Synepuxent.

WHEREAS it has been reprefented to this general affembly, by the pe-
tition of Ifaac Purnell and John Faffitt, of Worcefter county, that
they fuftain very great inconveniences for want of the extenfion of
the public road that leads to the bridge that is built on a branch of Herring
Creek until it interfeds the public road that leads to the north end of Synepux-
ent; therefore,

Paffed De-
cember 26.

Preamble.

II. Be it enacted, by the General Affembly of Maryland, That the juftices of
Worcefter county court fhall be and they are hereby inverted with full power and
authority to grant or rejed any petition for the extenfion of the faid road, pre-
ferred by any perfon or perfons whatfoever.

Juftices may

grant petiti-
ons, &c.

III. And be it enacted, In cafe the faid juftices fhall think proper to grant the
prayer of any petitioner or petitioners for the extenfion of the faid road, that then
and in fach cafe the faid juftices fhall order a commiffion to iffue to five difcreet
perfons, not interefted in any lands which may be affeded by the extenfion of the
faid road, nor related to any proprietor of fuch lands, or the petitioner or petiti-
oners for faid road, empowering them, or any three of them, to furvey, lay out
and open, at the expence of fuch petitioner or petitioners, a road not exceed-
ing thirty-three feet wide, in fuch direction as the fituation of the ground will
admit, and beft anfwer the purpofes of this act, from the bridge ereded on a
branch of Herring Creek until it interfeds the public road that leads to the
north end of Synepuxent; and the faid road, when fo furveyed, faid out and
opened, and the valuation herein after direded to be made fhall have taken place,
fhall be recorded in Worcefter county court, and when finifhed and received by
the court, fhall be deemed and taken to be a public road for ever thereafter,
and kept up, amended and repaired, as all other public roads in the faid county.

And order a
commiffion,
&c.

IV. And be it enacted, That the faid commiffioners fhall afcertain and value
what damages may be fuftained by any perfon or perfons through whofe lands the
faid road fhall pafs, and the fame, when fo affeffed, fhall be paid, or fecured to
be paid, by the faid petitioner or petitioners, before the faid commiffioners fhall
proceed to open the faid road; provided always, that if any perfon or perfons,
through whofe lands 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 any juftice
of the peace, upon the application of the perfon or perfons aggrieved, to iffue his
warrant to the fheriff of the county, commanding him to fummon twelve free-
holders of the county, not interefted in the premifes, and qualified to ferve as
jurors in the county court, to appear, on a day by the faid juftice to be appoint-
ed, on the premifes; and the faid fheriff is hereby authorifed to adminifter an
oath to every perfon fo fummoned, that he will, without favour, affection, pre-
judice or partiality, affefs the damages 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; and the perfons fo fummoned aad fworn fhall
thereupon

Commiffion-
ers to afcer-

tain damages,
&c.