JOHN H E N R Y, Efquire, Governor.

1797,

IV. And be it enacted, That Baltimore county, out of the limits of the city

of Baltimore, fhall be divided and laid off into feven diftricts, and that the city
of Baltimore fhall, at all future elections, form and conftitute one diftrict for the
purpofe of electing fheriffs.

C H A P.
XLIV.

Baltimore fe-
ven.

V. And be it enacted, That all and every part of the fecond, third, fourteenth
and forty-fecond fections of the conftitution and form of government of this
ftate, which relate to the judges, place, time and manner of holding the feveral
elections therein mentioned, be and the fame are hereby abrogated, repealed and
annulled, and the fame fhall hereafter be regulated by law.

Sections re-
pealed.

VI. And be it enacted, That if this act fhall be confirmed by the general
affembly, after the next election of delegates, in the firft feffion after fuch new
election, as the conftitution and form of government directs, that in fuch cafe
this act, and the alteration of the faid conftitution contained therein, fhall be
confidered as a part, and fhall conftitute and be valid as a part, of the faid con-
ftitution and form of government, to all intents and purpofes, any thing therein
contained to the contrary notwithstanding.

If confirmed,
to be a part of
the conftitu-

tion.

C H A P. XLV.
An ACT to open a road from Middle-town to New-town, Trap
or Freedom, in Frederick county.

WHEREAS it is reprefented to this general affembly, by the petition
of fundry inhabitants of Frederick county, that they experience great
inconvenience for want of a direct road from Middle-town to New-
town, Trap or Freedom, and praying a law may pafs appointing commiffioners
to open a road, at the ex pence of the county, on the moft direct courfe from
Middle-town to New-town, Trap or Freedom; and it appearing, that the fame
would be of great public convenience, therefore,

II. Be it enacted, by the General Affembly of Maryland, That Jofeph Swear-
ingen, Frederick Stembell and Elias Delafhmutt, be and they are hereby ap-
pointed commiffioners for that purpofe, and any two of them are hereby autho-
rifed to lay out and open, at the expence of Frederick county, a road, not ex-
ceeding twenty-five feet wide, from Middle-town to New-town, Trap or Free-
dom, in faid county, in the moft convenient direction they may think proper ;
and the faid road, when fo laid out and completed, fhall be recorded among the
records of faid county, and be thereafter deemed and taken to be a public road, and
fhall be kept in repair as other public roads in faid county are directed to be kept.

Paffed Janua-
ry 20.

Preamble.

Commiffion-

ers ,
&c,

III. And be it enacted, That the commiffioners aforefaid fhall and they are

hereby directed to apply to any juftice of the peace for the county aforefaid, who
fhall iffue his warrant, under hand and feal, directed to any conftable of the faid
county, commanding him to fummon twelve freeholders, difinterefted as to the
lands, and not connected with any perfon through whole lands the faid road may

pafs, to appear at a place and on a day by him to be appointed, and after taking
the following oath, or affirmation, as the cafe may be, to wit: " I, A. B. do
" fwear, or folemnly, fincerely and truly declare and affirm, that I will honeftly
" and faithfully eftimate and. value the damage and injury fuftained by C. D. by
" opening a road through the land of the faid C. D. in purfuance of the direc-
" tions of this act," fhall proceed to afcertain and value what damages
fuftained by perfon or perfons through whofe land the faid road may pafs, by
opening and clearing the fame, and fhall return the damages by him affeffed to
the clerk of the faid county, and the damages fo affeffed fhall be conclufive, and
after the valuation fo made, the faid commiffioners fhall proceed to open and clear
the fame; provided that the faid road fhall not pafs through any houfes, gardens,
orchards or meadows, unlefs with the confent of the owner thereof.

Damages to
be afcertain-
ed, &c.

IV. And be it enacted, That the clerk of the faid county, at their next levy
court following, fhall lay the damages fo affeffed before the faid court, and the

And laid be-
fore court,
&c.