1795.

L A W S of M A R Y L A N D.

C H A P.

LVII.

laid out, cleared and opened, by the act to which this is a fupplement, fhall
be laid out, opened and completed, and the expence thereof defrayed, by Balti-
more county; and the juftices of the levy court of the laid county fhall annually
apportion fo much of the funds provided by law for repairing the public roads in
Baltimore county to the faid road, as from a confederation of its utility and im-
portance they fhall judge meet; provided neverthelefs, that no part of the funds
for the opening or completing the turnpike roads in the faid county fhall be ap-
plied to the road in this act mentioned.

Paffed De-
cember 24.

C H A P. LVIII,
An ACT to extend Pratt-ftreet, in Baltimore-town, wefternly,
until it interfects the turnpike road leading from faid town to
Frederick- town .

Preamble.

WHEREAS it is reprefented to this general affembly, by the petition of
fundry inhabitants of Baltimore-town, that they labour under many
inconveniencies and difadvantages for want of a direct road from the

weft and fouth-weft parts of Baltimore county to the Hanover market-houfe,
wharfs and warehoufes, in the fouth part of faid town, and pray that a road from
the weft end of Pratt-ftreet may be extended wefternly, until it interfects the
turnpike road leading from faid town to Frederick-town, and the prayer of faid
petition being reafonable; therefore,

Commiffion-
ers appointed,
&c.

II. Be it enacted, by the General Affembly of Maryland, That James Calhoun,
Adrian Valck, James Carey, John Stump and Samuel Owings, of Stephen, of
the town aforefaid, be and they are hereby appointed commiffioners, and they, or
any three or more of them, are hereby authorifed and empowered to open and
extend a road from the weft end of Pratt-ftreet aforefaid, from the town afore-
faid, of the fame width of faid ftreet, wefternly, until it interfects the turnpike
road leading from faid town to Frederick-town, in a ftreight direction, and to
return a plot thereof to Baltimore county court to be recorded; and when the
faid road is fo laid out, opened and extended, it fhall be thereafter deemed a turn-
pike road; and that the faid road fhall thereafter be under the jurifdiction and
management of the commiffioners appointed, or to be hereafter appointed, in vir-
tue of an act, entitled, An act to lay out feveral turnpike roads in Baltimore
county, who fhall have all the powers over the faid road, and the erecting a toll-
gate thereon, as may be expedient or neceffary to keep the fame in repair, in the
fame manner, and under the fame tolls, as they now have or fhall have as to the
other public turnpike roads in Baltimore county.

Who fhall af-
certain the
damages, &c.

III. And be it enacted, That the commiffioners aforefaid, or a majority of
them, are hereby authorifed and empowered to afcertain the lofs or damage of any
perfon through whofe lands the fame may pafs, by laying out and opening the
road aforefaid, before they proceed to open or lay out the fame; and if any pro-
prietor of lands may think himfelf injured thereby, it fhall and may be lawful
for the commiffioners aforefaid, or a majority of them, and fuch proprietor, each
to appoint a perfon as arbitrator between them, and if the arbitrators differ,
they to choofe a third perfon, and if, the two perfons appointed as aforefaid
cannot agree about a third perfon, then and in that cafe they fhall choofe a third
perfon by lot, and the faid three perfons, or any two of them, fhall value fuch
damage under all circumftances, and return the fame, under their hands and
feals, to the faid commiffioners and proprietor, whofe valuation fhall be final and
conclusive; but in cafe any proprietor fhall neglect or refufe to appoint fuch ar-
bitrator in fifteen days after the application to him for that purpofe made in
writing, or in cafe the faid arbitrators do not return their award in fifteen days
from fuch appointment, or the proprietor be non compos mentis , an infant, abfen-
tee or feme-covert, that then and in every fuch cafe the commiffioners aforefaid,
or a majority of them, fhall iffue their warrant, under their hands and feals, to
the fheriff of Baltimore county, commanding him to fummon twelve freeholders,
difinterefted as to the faid road, to appear on a day by them to be appointed, on
the land of the perfon fo interefted, and the faid freeholders fhall take the follow-