1790.
Passed December
14. |
LAWS of MARYLAND.
CHAP. III.
An ACT to facilitate the draining of land in the several counties
therein mentioned. |
| Preamble. |
WHEREAS considerable bodies of land in Somerset,
Dorchester, Worcester,
and Caroline counties, lie unimproved because the owners
have not a power to cut ditches through neighbouring interfering
lands into natural drains and sinks; and as the improvement of such lands
would
not only render them more useful to the proprietors, but would operate
as a public
benefit, |
Persons may
apply for a
commission,
&c. |
II. Be it enacted,
by the General Assembly of Maryland, That any person or
persons seized or possessed of land which is overflowed, or is liable to
be overflowed,
with water, having given two months notice, by advertisement set up
at
the court-house door of the county wherein the land lies, and to the owners
of,
or persons residing on, the lands through which he wishes to cut a ditch
for the
purpose of draining his or her lands, of his or her intention to apply
to the county
court of the said county for a commission to have a way laid out for
that purpose,
may apply, by petition in writing, to such court for a commission; and,
upon
proof being made to the satisfaction of the court, that notice was given
as aforesaid,
or upon the other persons interested appearing and waving the notice as
aforesaid, the court may issue a commission to any five persons agreed
on by all
the parties, empowering them, or a majority of them, to lay out a way for
a
ditch to run through the lands mentioned in such commission, according
to the
directions of this act; but of the persons interested shall not agree on
the persons
for commissioners, then shall the court appoint five discreet persons,
not interested
in the lands, nor related to either of the parties, to whom a commission
shall
issue in manner aforesaid. |
Commissioners
to give notice
of their
meeting, &c. |
III. And be
it enacted, That the said commissioners, or a majority of them,
shall give notice, by advertisement set up at the court-house door of their
county,
and such other places as they may judge most effectual, of the time of
their meeting,
thirty days at least before their meeting, and shall meet on the land to
proceed
in the execution of their commission, agreeably to the notice given by
them
as aforesaid; but before any commissioner shall proceed in the execution
of any
commission, otherwise than by giving notice as aforesaid, he shall take
an oath,
or affirmation, before some justice of the peace, or some other of the
commissioners,
that he will, without favour or partiality, lay out a way for a ditch,
which,
according to the best of his judgment, will best answer for draining off
the water
from the land mentioned in such commission, regarding the interests of
all the parties,
and truly ascertain the damages, and a true return thereof make to
the court. |
May adjourn
from time to
time, &c. |
IV. And be it
enacted, That the said commissioners, or any one or more of
them, may adjourn from time to time, as he or they may think necessary,
and
they, or a majority of them, or the major part of such majority met, may
and
shall cause a way for a ditch to be cut, to be laid out by the surveyor
of the
county, or by such other person as they may think fit to appoint, of such
width,
not exceeding twenty feet, and of such length as they may judge necessary
for
draining off the water, regarding the interests of all the persons through
whose
lands the water may run, until it shall be lost or emptied in some branch,
creek,
or other sufficient vent to discharge the same, and may cause trees to
be marked,
or marks to be set up, to perpetuate the location of the same: Provided
always,
that no such ditch shall be laid out or through any garden, yard or orchard,
except with the consent of the proprietor; and provided also, that any
person,
apprehending himself or herself aggrieve by the determination of the court,
either
in granting, or refusing to grant, the commission aforesaid, or in any
matter in
consequence of this act, may appeal to the general court, whose determination
shall be final. |
And determine
compensation,
&c. |
V. And be it
enacted, That the said commissioners, or a majority of them, or
the major part of such majority met, shall determine the compensation to
be |
|
 |
