| NOV. 1812. |
LAWS OF MARYLAND.
Atkins's, so as to do as little injury as possible to the lands through
which it may pass; Provided, that the said road shall not pass
through any houses, gardens, orchards or meadows, without the
consent of the owners thereof, and that the said road, when so laid
out and completed, shall be recorded among the land records of the
said county, and be thereafter deemed and taken to be a public road,
and shall be kept in repair as other roads in the said county are directed
to be. |
| Damages to be ascertained. |
2. AND BE IT ENACTED, That the commissioners
aforesaid, or
a majority of them, shall value and ascertain the damages that may
be sustained by any person or persons through whose land the said
road may pass by opening of the same, and the damages so ascertained,
or in the event of their being ascertained by a jury, shall
be levied and assessed as other county charges are, and shall be
paid over to the person or persons entitled to the same. |
Persons aggrieved
may have jury
summoned.
Proviso. |
3. AND BE IT ENACTED, That if any person or
persons through
whose land the said road may pass, or his or their guardian or
trustee, conceive himself, herself or themselves, aggrieved by such
valuation or assessment of damages by said commissioners, it shall
and may be lawful for a justice of the peace of the said county, on
his or their application, to issue his warrant, under his hand and
seal, directed to the constable of the hundred, commanding him to
summon twelve disinterested men, qualified by law to serve as jurors
in the county court, to meet upon the premises upon a certain
day, of which ten days notice shall be given to the party or parties
interested; and that the said jurors, when so met, and having
each first taken an oath before some justice of the peace, that he
will, without favour or affection, prejudice or partiality, assess the
damages sustained by the person or persons at whose request such
inquisition shall be taken, by reason of opening the aforesaid road
through his, her or their lands, shall thereupon proceed to assess
and value the damages accordingly, taking into consideration the
advantages and disadvantages, (if any,) and such inquisition or
valuation shall be final and conclusive; but should the jury award
a smaller sum for damages than the commissioners had previously
done, then and in that case the person or persons at whose instance
it was held, shall pay all the legal costs and charges of said inquisition,
but if on the contrary they should award a larger sum,
then the costs of such inquisition shall be paid by the county; Provided,
that the said commissioners, or a majority of them, shall not
be bound to lay out the road aforesaid, from New-Town to Buckey's-Town,
on the route as now located, provided a better or nearer
way may be discovered, and which may be offered to said commissioners,
for the use of said road, by the person or persons
whose land it may pass through, without any charge to the county,
but in such case the commissioners as aforesaid may depart from
such location. |
Commissioners to
take an oath. |
4. AND BE IT ENACTED, That the said commissioners
before
they shall proceed to act, shall take an oath before some justice of
the peace, of the same tenor and effect as is heretofore directed to
be taken by the jurors. |
Persons who have
signed petition
for road not to be
entitled to damages. |
5. AND BE IT FURTHER ENACTED, That no person
or persons,
through whose land the said road shall pass, and who have agreed
or signed the petition for the same, shall be entitled to any damages
by this act. |
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