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Laws of Maryland 1785-1791
Volume 204, Page 216   View pdf image (33K)
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1787.

CHAP.
  XXI.

                                LAWS of MARYLAND.

pounds like money, to be recovered in like manner as aforesaid, and so toties
quoties.


Passed May
21.
                                            CHAP. XXII.
An ACT to appoint commissioners to make a correct survey of the
    town of Upper-Marlborough in Prince-George's county.
Preamble.     WHEREAS David Craufurd, William Sprigg Bowie, Edward Nicholls,
Benjamin Brookes, Elizabeth Brookes, John Smith Brookes, William
Beanes, junior, Bernard Shanley and Frank Leeke, proprietors of part
of the town of Upper-Marlborough in Prince-George's county, by their petition
to this general assembly, have set forth, that great inconveniencies have arisen
from the uncertain location of the said town, the boundaries thereof being decayed,
and prayed that an act may pass, empowering commissioners for the purpose
of making an accurate survey of the said town, and establishing permanent
boundaries throughout the same, to perpetuate and ascertain the true location
thereof, having regard to the former streets, lanes and alleys, and not incommoding
the present buildings, the expences of such resurvey to be defrayed by
the petitioners, and such others as shall be benefited thereby; which being
thought reasonable,
Persons appointed
to

make a survey,
&c.
    II.  Be it enacted, by the general assembly of Maryland, That doctor William
Beanes, David Craufurd, John Smith Brookes, Benjamin Brookes and William
Sprigg Bowie, or a majority of them, be and they are hereby authorised and required,
after giving three weeks notice in the most convenient public manner
within the said county, and also in the Maryland Gazette, of the time, place
and intentions, of their meeting, and after having taken an oath before some
magistrate of Prince-George's county, " well and truly to execute the trust reposed
in them by this act without prejudice, partiality of favour," to cause a
correct survey to be made of the said town, and of the lots, streets, lanes and
alleys thereof, according to the true original location of the same, to be fixed
and ascertained by proof of such location, where it can be had, or a proper allowance
for the variation of the compass where such proof cannot be had, having
regard in the calculation of the variation of the compass to any proof which
may be made to parts of such original location, so as to make the lines, upon
which an allowance for variation may be made correspond as nearly as may be
with the parts proved as aforesaid, and to establish and fix permanent boundaries
of stone throughout, with proper marks and devices thereon, to ascertain in future
the true location of the streets, lanes and alleys, of the sid town, and to cause
a correct plot and certificate of the same, with proper explanations, to be returned
to the clerk of Prince-George's county under their hands, who is hereby
required to receive and record the same among the land records of his county,
and the original to keep in his office; and a copy from such original, or the
record thereof, shall be conclusive evidence to the bounds of the said town,
and of the lots, streets, lanes and alleys, thereof.
Proviso.     III.  Provided always, and be it enacted, That in case any building or improvements
shall interfere with, or stand on, any street, lane or alley, of said town,
according to the location of the said town as fixed and ascertained by the said
commissioners, the same shall not be deemed a nuisance, but may stand and be
occupied by the present owners or possessors, but shall not be repaired or rebuilt
Commissioners
to swear
the surveyor,
&c.
    IV.  And be it enacted, That the said commissioners shall and may administer
an oath to the surveyor by them appointed in virtue of this act, and to any chain-carrier
or chain-carriers by them employed, " to execute their respective duties
as surveyor, or chain-carrier, as the case may be, faithfully, honestly and impartially,
according to the best of their skill and judgment."
Expence to be
paid by petitioners,
&c.
    V.  And be it enacted, That the expence arising from the execution of this
act, shall be paid by the petitioners aforesaid, and such other persons as may be
benefited thereby.


 
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Laws of Maryland 1785-1791
Volume 204, Page 216   View pdf image (33K)
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