| 1804.
Commissioners appointed
to lay out
road. |
LAWS OF MARYLAND.
2. BE IT ENACTED, by the General Assembly
of Maryland, That
William Ballenger, Silas Bayley and Lewis Duvall, 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 twenty feet wide, in the best
and straightest direction, taking all circumstances into consideration,
from Liberty-town, in Frederick county, through the main
square of the town of New-Market, and from thence to Hyatt's-town,
in Montgomery county; and the commissioners shall make out a
plot of that part of a road leading through Frederick county, and
return the same to the clerk of the county court, to be recorded
among the records of said county; and shall also make out a plot
of that part of the road running through Montgomery county, and
return the same to Montgomery county court, to be recorded among
the records of said county; and the said road, when opened and
recorded as aforesaid, and the valuation herein after directed to be
made shall have been paid, or secured to be paid, shall for ever
thereafter be deemed a public highway, and kept in repair in the
same manner as other public roads in the said counties respectively. |
How vacancies are
to be filled. |
3. AND BE IT ENACTED, That in case of death,
resignation, disqualification,
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. |
Damages to be ascertained.
Provisos. |
4. 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 a 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 peace 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 freeholders, 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 had 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 conclusive; Provided always, that no road shall be
carried
or conducted through any yard, garden or orchard, against |
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