| 1805.
CHAP. 51. |
LAWS OF MARYLAND.
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. |
Plot of the road
to be recorded.
Proviso. |
3. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, are hereby directed 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 and cleared, 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 contained
shall in any manner authorise the said commissioners to lay out or
open the said road through the buildings, gardens, orchards or
meadows, of any person or persons, without his, her or their consent. |
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Passed Jan. 25, 1806. |
CHAP. LII.
An Act to lay out and make public a Road in Frederick County.
Lib.
TH. No. 1, fol. 52. |
| Preamble. |
WHEREAS it is represented to this general assembly,
by the petition
of sundry inhabitants of Frederick-town, in Frederick county,
that great inconveniencies arise from the want of a public road leading
from East-street, opposite to the end of the third street, in said
town, through a lot of Samuel Lilly, and colonel Baker Johnson's
land, to the road leading from the east end of Church-street to the
said colonel Baker Johnson's mill; and the prayer of the said petition
appearing reasonable, therefore, |
Commissioners
appointed to lay
out and open a
road. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
Lawrence Brengle, David Markey and Henry McCleary, be and
they are hereby appointed commissioners to lay out and open, at the
expense of the petitioners, a road, not exceeding thirty feet in
width, from East-street opposite to the end of Third-street, through
a lot of Samuel Lilly, parallel to the south line of said lot, and
thence with the said course through colonel Baker Johnson's land,
to intersect a road leading from the east end of Church-street to
colonel Baker Johnson's mill, and the said road, when so laid out
and opened, and the valuation herein after directed to be made shall
have taken place, shall be recorded in Frederick county court, and
shall be deemed and taken a public road for ever thereafter, and
kept up, amended and repaired, as all other public roads in said
county. |
Damages to be ascertained.
Proviso. |
3. AND BE IT ENACTED, That the aforesaid commissioners,
or
any two of them, shall ascertain and value what damages may be
sustained by the person or persons through whose land the said
road may pass by opening the same, and the said valuation shall
be made before the said commissioners proceed to open the same;
Provided always, that if any person or persons through whose land
the said road shall pass, 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 Frederick
county, on application of the party interested, to issue his
warrant, under his hand and seal, directed to any constable of the
county, commanding him to summon five freeholders, disinterested
as to the said road, to appear on a day by him to be appointed, on
the land of the person making application as aforesaid; and the said
freeholders, having first made oath before some justice of the peace, |
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