SAMUEL SPRIGG, ESQ. GOVERNOR.

103

chapter fifty-two, to widening and straighten any old road hereto-
fore laid out as a public road; and the proceedings in all cases of an
application to the levy court for opening a new road or for vacat-
ing or altering any old road, shall be the same as regulated or pro-
vided for by the said act of seventeen hundred and ninety-tour,
except that of ascertaining damages to land-holders over whose land
any road may be laid.

Dec. Ses. 1821.

2. And be it enacted, That the commissioners that may be
appointed under the provisions of this act to lay out any road, or to
straighten, alter or amend any old road, shall ascertain what dama-
ges the land-holder or land-holders over whose land any such road
may be laid, shall sustain, if any, taking into consideration the ad-
vantages and disadvantages that shall arise from any road having
been laid through or over their lands, and make the same a part of
their return to the levy court; and in case any land-holder shall
think himself or herself aggrieved by the decision of such commis-
sioners, the levy court shall issue their warrant to the sheriff of their
county, directing him to summon five discreet and sensible men of
their county, not interested or related to the parties, to meet on a
certain day to be named in said warrant, on the premises, who shall
assess such damages under all circumstances as aforesaid, as they
shall in their judgement think the land-holder or land-holders enti-
tled to, (if any;) or if the levy court shall think the county injured
by the decision of any commissioners, they shall issue, their war-
rant as aforesaid to the sheriff, who shall proceed in the same man-
ner as in case of a land-holder's application; and in case the jury
shall levy greater damages than the commissioners had done for the
land-holder, then and in that case the county shall pay all costs
accruing by such jury having been convened; otherwise the costs
shall be paid by the person or persons at whose instance the war-
rant was issued.

Damages.

3. And be it enacted, That the levy court of Harford, Balti-
more or Cecil counties, as the case may be, shall, and they are here-
by authorised to levy such sum or sums of money on the assessable
property of their county, as they in their judgement shall find ne-
cessary for opening any road, and paying such damages as the
land-holders may sustain by reason of any road passing through or
over their lands, that may be laid out and opened under the provi-
sions of this act and the aforesaid act of seventeen hundred and
ninety-four.

Cost to be le-
vied.

4. And be IT ENACTED, That the commissioners appointed un-
der the provisions of this act, shall be entitled to two dollars per
day for every day that they shall necessarily attend to the duties
required by this act.

Compensation.

5. And be it enacted, That the act entitled, An act to regu-
late the manner of obtaining and altering public roads in this state,
passed at December session eighteen hundred and eighteen chap-
ter eighty-nine, be and the same is hereby repealed so far as the

Repeal.

same relates to the counties herein named; Provided always, That
any proceedings heretofore begun under the provisions of the act of
eighteen hundred and eighteen, may be proceeded on, and shall
have the same effect as if the above mentioned act had not been
repealed.

Proviso.