1806.

NOVEMBER. LAWS OF MARYLAND.

Passed 31st of
Dec. 1806.

CHAP. III.

An ACT to lay out and open a public road in Hopkin's Neck, in
Talbot county.

Preamble.

WHEREAS it is represented to this general assembly, by the petition of sundry inhabitants of
Hopkin's Neck, in Talbot county, that they are situated at some distance from the public
main road leading from Easton to Hadaway's Ferry, and having no permanent road or outlet to the
said mam road leading from Easton to Hadaway's Ferry, they are subject to many inconveniencies,
and praying that a law may pass to remedy the evils complained of, as stated in their said petition,
and the prayer of the petitioners appearing reasonable and just, therefore,

Commissioners
appointed, &c.

II. BE IT ENACTED, by the General Assembly of Maryland, That John Dawson, Robert Banning
Perry Spencer, Richard Denny and Thomas S. Denny, or any three of them, be and they are here-
by appointed and commissioned to survey, mark, bound, open and lay out, a public road, at the
proper charge and expence of such petitioners as actually reside in said neck, not to exceed twenty
feet wide, beginning at or near Anthony Banning's gate, as the said commissioners, or a majority
of them, may think best, until it snail intersect the mam road leading from Easton to Hadaway's
ferry; and in laying out said road, the said commissioners, or a majority of them, are directed to
take into view, as well the disadvantages which may result to individuals over whose land the said
road may run, as the convenience of the public, so as to lay out the said road with as little injury
to the private property as will comport with the public convenience.

Who are to re-
turn a plot, &c.

III. AND BE IT ENACTED, That the said commissioners, or a majority of them, are hereby di-
rected to return a plot of said road, when surveyed, marked, bounded and laid out, as aforesaid, to
the clerk of the county, to be by him recorded; which road, when laid out, opened and cleared, fit
for general use, shall be deemed and taken a public road for ever thereafter, and shall be kept up
and repaired as all other public roads in said county are; provided, that nothing herein contain
shall in any manner authorise the said commissioners to lay out or open the said road through the
buildings, yards, gardens, orchards or meadows, of any person or persons, without his, her or their
consent.

And ascertain
damages, &c.

IV. AND BE IT ENACTED, That the said commissioners, or a majority of them, shall ascend
and value what damages may be sustained by any person or persons through or on whose lands the
said road may pass, and the same, when so assessed, shall be paid before the said commissioners
shall proceed to open the said road; provided always, that if any person or persons through or on
whose lands said road shall pass, or his, her or their guardian or trustee, shall conceive themselves
aggrieved by such valuation and assessment of damages by the said commissioners, it shall and may
be lawful for any justice of the peace of said county, upon the application of the person or person
so aggrieved, to issue his warrant to the sheriff of the county, commanding him to summon twelve
freeholders of said county, not interested in the premises, and qualified to serve as jurors, to appeal
on a day by the said justice to be appointed, on the premises, and the said sheriff is hereby autho-
rised to administer an oath to the persons so summoned, that they will, without favour, 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 or on his, her or their
lands, and the persons so summoned and sworn shall thereupon proceed to assess and value the da
mages accordingly, of which the said commissioners, or a majority of them, shall have at least five
days previous notice, and shall return the said damages, so assessed, to the county court of said
county; and such inquisition shall be final and conclusive, and the said valuation or damages shall
be paid to the parties respectively entitled to the same, before the said commissioners shall proceed
to open said road.

Passed 31st of
Dec. 1806.
Preamble.

CHAP. IV.

An ACT for the relief of William Rickard, of Montgomery county

WHEREAS William Rickard, of Montgomery county, emigrated to, and settled in, this Stat
and since his emigration and settlement as aforesaid has acquired real property therein, and
his title to such property may be called in question, to his great injury, from his not having become
naturalized agreeable to the laws of the United States before acquiring said property; therefore,

Title vested,
&c.

II. BE IT ENACTED, by the General Assembly of Maryland, That the title of the real property, law-
fully and fairly acquired by the aforesaid William Rickard, whether such title be derived by gift
grant, purchase or devise, be and the same is hereby as amply and as fully vested in the said Willi-
am Rickard, as if the said William Rickard had become naturalized agreeable to the laws of