| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
the same may pass, taking into view the public convenience and
expense; and that the said road, when so laid out and completed,
shall be recorded among the land records of said counties, and
thereafter deemed and taken to be a public road, and shall be
kept in repair as other public roads in the said counties are directed
to be. |
1816.
CHAP. 43. |
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 lands the
said road may pass, by opening of the same, and the damages so
ascertained, or in the event of their being ascertained by jury,
shall be paid over to the person or persons entitled to the same. |
Damages to be
ascertained. |
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 county in which
said land is, 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
for such county, that he 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 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 sum as small or smaller 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 petitioners. |
Jury to be summoned
when parties
consider themselves
aggrieved. |
4. AND BE IT ENACTED, That the said road shall
not be opened
through any orchard, yard or garden, without the consent of the
owner. |
Road not to be
opened through
any yard, &c. |
|
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|
CHAP. XLIV.
An Act to lay out a Road near Peter Hoffman's Mill, in Baltimore
County. Lib. TH. No. 5, fol. 180. |
Passed Jan. 4, 1812. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
William Matthews, John Shauke and Philip Rhule, be and they are
hereby appointed commissioners, and they, or a majority of them,
are hereby authorised to lay out and open, at the expense of the
petitioners, or any person or persons who may think proper to
contribute thereto, a road not exceeding thirty feet in width, in
the best and straightest direction that the nature of the ground will
admit of, beginning at a county near Hoffman's paper mill,
from thence by the said mill until it intersects the Pennsylvania
line, at or near to where a county road crosses said line leading to
York-Town, in Pennsylvania, and also at or near David Rinehart's; |
Commissioners appointed
to lay out
road. |
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