| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
CHAP. CCXXXII.
An Act to lay out and open a Road in Montgomery and Anne-Arundel
Counties. Lib. TH. No. 5, fol. 392. |
1816.
CHAP. 232.
Passed Feb. 4, 1817. |
1. BE IT ENACTED, by the General Assembly
of Maryland, That
Henry C. Gaither, John H. Riggs, Beal Gaither, Thomas Hood,
and Nicholas Worthington, of John, or a majority of them, be,
and they are hereby appointed commissioners, to survey and lay
out at the expense of the petitioners, or other persons interested
therein, a road not exceeding forty feet in width, in the best and
straightest direction, taking all circumstances into consideration,
from the town of Unity, in Montgomery county, to the establishment
of Caleb Bentley and Company, known by the name of Tridelphia,
and thence crossing the Patuxent into Anne-Arundel
county, to intersect the road from Roxbury mills to Elk-Ridge
Landing, at or near the point where the road from Dennis Dorsey's
touches the same; and the said commissioners shall make out a
plot of such part of said road as lies in Montgomery county, and
return the same to the clerk of the county court, and also of that part
of said road which lies in Anne-Arundel county, and return the same
to the clerk of that county court, to be recorded respectively amongst
the records of said counties; and the road, when so opened at the
expense of the petitioners or others interested therein, and the valuation
herein after directed to be made shall be paid, or secured
to be paid, to the individuals concerned, shall be thereafter deemed
to be a public road for ever, and shall be kept in repair in the same
manner as other public roads are directed to be kept in said counties. |
Commissioners appointed
to survey
and lay out road. |
2. AND BE IT ENACTED, That in case of death,
resignation,
disqualification, or refusal to act, of any of the commissioners
aforesaid, then the remaining commissioners, or a majority of
them, shall be 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 through
whose land the said road may pass, and the said valuation shall be
made, and the damages paid, or secured to be paid, to the person
or persons aggrieved, before the said commissioners shall proceed
to open and clear the same; Provided, that if any person or persons
through whose land the said road shall pass, or his, her, or their
guardian or trustee, shall conceive him, her or themselves aggrieved
by such valuation and assessment of damages by the said
commissioners, it shall be lawful for any justice of the peace of
the county in which such part of the road may lie, on application
of any person or persons interested, to issue his warrant, under
his hand and seal, directed to the sheriff of said county, commanding
him to summon twelve disinterested freeholders, to appear on
a certain day to be appointed by the said justice, on the land of the
person making the application, and the said freeholders having first
made oath, or affirmation, before some justice of the peace for the said
county, that they will, without favour, affection or partiality, assess
the damages sustained, taking into consideration the advantages
and disadvantages, if any, by the person or persons at whose
request such limitation shall be made, by reason of opening the |
Damages to be ascertained.
Proviso. |
VOL. III.
70
|
 |
