1795.

LAWS of MARYLAND.

C H A P. XXXI.

Paffed De-
cember 24.

An ACT to lay out and open a public waggon road from Hughes Y
coaling ground, on the fouth mountain, to interfect the road,
at or near Jofeph Staley's, leading to Frederick-town.

Preamble.

WHEREAS fundry inhabitants of Frederick-town and county, by their
petition, have fet forth, that great inconveniencies arife from the want
of a public waggon road leading from Hughes's coaling ground, on
the fouth mountain, to Frederick-town, and have prayed that a road he laid out
in the faid direction, and the prayer thereof appearing to this general affembly
reafonable; therefore,

Commiffion-
ers appointed,
&c.

II. Be it enacted, by the General Affembly of Maryland, That Henry Leather-
man, Thomas Beatty, David Delawder, Daniel Gaver and John Smay, or any
three of them, be and they are hereby appointed commiffioners to furvey, lay
out and open, at the expence of the petitioners, a road, not exceeding thirty feet
in width, in fuch direction as they fhall conceive will beft anfwer the intention
of this act, beginning at or near Hughes's coaling ground, on the fouth moun-

tain, and to interfect the road, near Jofeph Staley's, leading to Frederick-town,
and the faid road, when fo furveyed, laid out and opened, and the valuation here-
in after directed to be made fhall have taken place, fhall be recorded in Frederick
county court, and 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.

Who fhall af-
certain the
damages, &c.

III. And be it enacted, That the faid commiffioners, or any three of them,
fhall afcertain and value what damages may be fuftained by any perfon or perfons
through whofe land the faid road fhall pafs, and the fame, when fo affeffed, fhall
be paid as above directed before the faid commiffioners fhall proceed to open the
faid road; provided always, that if any perfon or perfons through whofe land
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 the faid commiffioners, or any
three 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, and no way interested or related to the party or parties fo complaining, to
appear, on a day to be by them appointed, on the premifes, and to give notice
thereof to the party or parties, and the faid commiffioners are hereby authorifed
to adminifter an oath to every fuch freeholder, that he will, without favour, af-
fection, prejudice or partiality, affefs the damages fuftained by the perfon or per-
fons at whofe requeft fuch inquifiton fhall be taken by reafon of opening the
aforefaid road through his, her or their land, and fuch freeholders fhall there-
upon proceed to affefs and value the damages accordingly, 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,
orchards or meadows, of any perfon, without his, her or their confent.

C H A P. XXXII.

Paffed De-
cember 24.

Preamble.

An ACT to revive and aid the proceedings of the orphans court
of Calvert county, and to call and adjourn the fame.
WHEREAS it is reprefented to this general affembly, that the orphans
court of Culvert county ftood adjourned until the fecond Tuefday in
June, feventeen hundred and ninety-five, and that no one of the juf-
tices of faid court attended to call the fame according to adjournment as afore-
faid, whereby all procefs and proceedings in the faid court were difcontinued; for
remedy whereof,

Rules &c. re-
vived, &c.

II. Be it enacted by the General Affembly of Maryland, That all the rules,
judgments, entries, acts, procefs and proceedings, depending in the faid court on
the fecond Tuefday of June aforefaid, fhall be and the fame are hereby revived,
and fhall be in the fame ftate and condition, to all intents and purpofes, as the
fame would have been in if the faid court had met on the fecond Tuefday of