J O H N H. S T ON E, Efquire, Governor.

1795.

by appointed commiffioners for the purpofe of locating, opening and laying off
the faid road, in fuch ways and manner as to them, or a majority of them, fhall
feem meet, fo that the fame fhall not exceed fixty feet in width; and that the
truftees of the faid bridge company, or a majority of them, for the time being,
be and they are hereby appointed commiffioners for laying off, opening and carry-
ing into effect, the faid road, in fuch ways and manner as to them fhall appear
moft advantageous, fo that the fame do not exceed fixty feet in width, and fhall
caufe a location thereof to be made, and the fame to be recorded among the
records of the territory of Columbia; and the faid road fhall be a public high-
way for ever, and kept in repair by faid company.

C H A P.
XLIV.

III. And be it enacted, That Thomas Beall, of George, Thomas Turner
and Jofeph Sprigg Belt, or a majority of them, be and they are hereby appointed
commiffioners to afcertain and value what damage may be fuftained by any per-
fon or perfons through whofe land the faid road may pafs, by opening and clear-
ing the fame, and the faid valuation fhall be made before the truftees aforefaid
do proceed to the opening and clearing the fame; and in cafe any proprietor or
proprietors, his, her or their guardian or truftee, fhall conceive him, her or
them aggrieved by the valuation of the faid commiffioners, it fhall and may be
lawful for any juftice of the peace of Montgomery county, on application by
any perfon interefted, to iffue his warrant, under hand and feal, directed to a
conftable of faid county, commanding him to fummon twelve freeholders, dif-
interefted as to the faid road, to appear on a day by him appointed on the land
of the perfon making application as aforefaid, and then and there refpectively,
before a juftice of the peace of Montgomery county, take and fubfcribe the fol-
lowing oath, or affirmation, to wit: " I, A. B. do fwear, or folemnly, fincere-
"ly and truly declare and affirm, that I will honeftly and faithfully eftimate and
"value the damage and injury fuftained by C. D. by the opening a road through
"the land of the faid C. D. in purfuance of the directions of this act;" and
fhall return the damages by them affeffed to the faid juftice, or any other juftice
of the peace of faid county, and the damages fo affeffed and returned fhall be
conclufive; and the party or parties in whofe favour the valuation afcertained by
the faid commiffioners, or the damages affeffed by the faid freeholders, fo to be
made, fhall be entitled to receive the fame from the directors of the faid bridge
company for the time being, and the faid directors fhall pay the amount of the
faid valuation or damages to the refpective parties entitled to receive the fame,
within the fpace of ninety days next 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.

T. Beall, &c.
appointed,
&c.

IV. Provided always, and be it enacted, That the faid road fhall not be
made to pafs through any houfe, yard or garden, without the confent of the
owner thereof firft had and obtained.

C H A P. XLV.

Provifo.

A Supplement to an ad, entitled, An act to lay out feveral turn-
pike roads in Baltimore county.

Paffed De-
cember 24.

Be it enacted, by the General Affembly of Maryland, That the commiffioners
herein after named, or a majority of them, fhall caufe the road leading
from Baltimore-town to York-town aforefaid, firft to be opened and
cleared for the diftance of eighteen miles from Baltimore-town; provided, that
nothing herein contained fhall be conftrued to prevent the faid commiffioners
from making fuch repairs on the faid roads already made, as they, in their difcre-
tion, from time to time fhall deem neceffary.

Road firft to
be opened,
&c.

II. And be it enacted, That the commiffioners of review, or a majority of
them, fhall, as foon as convenient, review the road directed to be laid out by vir-
tue of an act, entitled, An act to ftreighten and amend the feveral public roads
in feveral counties, and for other purpofes therein mentioned, paffed at Novem-
ber feffion, feventeen hundred and ninety, leading from Baltimore-town aforefaid
towards Liberty-town, in Frederick county, and confirm the fame as laid down

Commiffion-
ers to review
the road, &c.