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Session Laws, 1814
Volume 633, Page 5   View pdf image
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LEVIN WINDER, Esq. GOVERNOR.

5

the said commissioners, or a majority of them, shall make
out a plot of said road, and return the same to the clerk
of Dorchester county court, to be recorded among the re-
cords of said county. And the said road when opened
and recorded as aforesaid, and the valuation herein after
directed to he made shall have been paid or secured to be
paid, and the said commissioners or a majority of them
shall have certified that the said road is in a condition to
be received as a public road, shall forever thereafter be
deemed a public highway, and kept in repair as other pub-

lic roads in the said county.

DEC. SESS.

1814.

3. AND BE IT ENACTED, That in case of death,
resignation or refusal to act, of any of the commissioners
aforesaid, the remaining commissioners, or a majority of
them, shall and they are hereby authorised and directed

to fill up such vacancy or vacancies.

Vacancies in
the board of
commission-
ers.

3. AND BE IT ENACTED, That the commis-
sioner's aforesaid, or a majority of them, shall ascertain
and value, if required, what damages may be sustained by
any person or persons over whose land the said road may
pass by opening the same; and the valuation shall be
made and the amount thereof paid as aforesaid to the par-
ties respectively interested, before the said commission-
ers or a majority of them, shall proceed to open said road :

Damages— va-
luation.

Provided always. That if any person or persons through
whose land the said road may pass, or his, her or their
guardian or trustee, shall conceive themselves aggrieved
by such valuation and assessment of damages by the said
commissioners or a majority of them it shall and may be
lawful for any justice of the county in which the land lies,
on application of the party interested, or his, her or their
guardian or trustee, to issue his warrant, under his hand
and seal, directed to any constable of the county, com-
manding him to summon five sensible and discreet men,
who do not hold land through which the said road may
pass, to appear on a day by the said justice to be appoint-
ed, on the land of the person or persons making application
as aforesaid, or for whose benefit such application shall
be made; and the said men so summoned having first
made oath before said justice of the peace, that they will,
without favor, affection or partiality, assess the damages
sustained by the person or persons at whose request, or for
whose benefit, such inquisition shall be taken, by reason of
opening the aforesaid road through his, her or their land,
shall thereupon proceed to assess and value the damages
accordingly; of which the said commissioners or a majori-
ty of them shall have at least five days notice, and shall
return the damages so assessed to the said justice of the
peace, and such inquisition and valuation shall be final and

Proviso.

conclusive: Provided always, That the said road shall
not be carried or conducted through any yard, garden or
orchard against the will or consent of the owner, nor shall
any field in which grain is growing be laid open until the

Proviso.



 
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Session Laws, 1814
Volume 633, Page 5   View pdf image   << PREVIOUS  NEXT >>


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