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LEVIN WINDER, ESQUIRE, GOVERNOR.
CHAP. V.
An Act to lay out a Road in Dorchester County. Lib. TH.
No. 4,
fol. 233. |
1814
CHAP. 5.
Passed Dec. 19. |
1. BE IT ENACTED, by the General Assembly
of Maryland,
That
Thomas Barnett, Roger Woolford, Bartholomew Byus, Captain
John Spedden and William J. Ford, or a majority of them, be and
they are hereby appointed commissioners to survey, lay out and
open, at the expense of such persons as may think proper to contribute
thereto, a road not exceeding twenty feet in width, beginning
the said road at or near the new meeting-house on the road
from Cambridge to Hill's Point, and thence running in the best and
most convenient direction to Casson's Point, or as far as may be
necessary; and the said commissioners, or a majority of them, shall
make out a plot of the said road, and return the same to the clerk of
Dorchester county court, to be recorded among the records of said
county; and the said road, when opened and recorded as aforesaid,
and the valuation hereinafter directed to be 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 for ever thereafter be
deemed a public highway, and kept in repair as other public roads
in the said county. |
Commissioners appointed
to lay out
and open a road. |
2. 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, how to
be supplied. |
3. AND BE IT ENACTED, That the commissioners
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 parties
respectively interested, before the said commissioners, or a
majority of them, shall proceed to open the said road; 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, commanding 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 appointed, 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 favour,
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
majority of them, shall have at least five days notice, and shall return
the damages so assessed to the said justice of the peace, and |
Damages to be ascertained.
Provisos. |
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