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ROBERT BOWIE, ESQUIRE, GOVERNOR.
3. AND BE IT ENACTED, That the said commissioners,
or a majority
of them, shall ascertain and value what damages may be
sustained by any person or persons through whose land the said
road shall pass, taking into consideration the advantages and disadvantages,
if any, and the same, when so assessed, shall be paid,
or secured to be paid, by the person or persons who may apply to
have the said road laid out, straightened and amended as aforesaid,
to the person or persons entitled to receive the same, before he or
they shall proceed to open the said road. |
1805.
CHAP. 55.
Damages to be ascertained. |
4. AND BE IT ENACTED, That if any person or
persons through
whose lands the said road shall pass, or his, her or their guardian
or trustee, shall conceive himself, herself or themselves aggrieved
by such valuation and assessment of damages by the said commissioners
respectively, it shall and may be lawful for any justice of
the peace, on his, her or their application, to issue his warrant, under
his hand and seal, directed to the sheriff of the county, commanding
him to summon twelve disinterested men, qualified by law
to serve as jurors in the county court, to meet upon the premises on
a certain day, of which six days notice at least shall be given to the
party or parties interested, and the said jurors, when so met, and
having each first taken an oath before some justice of the peace,
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 land, shall thereupon proceed to
assess and value the damages accordingly, taking into consideration
the advantages and disadvantages, if any, and such inquisition and
valuation shall be final and conclusive between the parties respectively;
Provided, that the said road shall not be opened through the
buildings; gardens, yards or orchards, of any person, without his
or her consent. |
In case any person
may conceive
himself aggrieved,
jury may be summoned
to ascertain
damages.
Proviso. |
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CHAP. LVI.
An Act for the benefit of Robert Williams, a free Black Man, and
of
his
Wife and Children. Lib. TH. No. 1, fol. 59.
A Supplement 1807, ch. 6. |
Passed Jan. 25, 1806. |
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CHAP. LVII.
A Supplement to the act, * entitled, An act to lay out and make
a public
Road from the Black House, in Harford County, to intersect
the
Pennsylvania line. Lib. TH. No. 1, fol. 60. |
Passed Jan. 25, 1806.
* 1802, ch. 48. |
WHEREAS Thomas Poteet, of Harford county, by his
petition to
this legislature hath set forth, that the road in the said original act
mentioned was laid out through a well timbered piece of land of the
petitioner's about an half mile, and that he is injured thereby, and
no power has been given by the said original act to value and assess
the damages sustained, and praying relief in the premises; and the
same being reasonable, therefore, |
Preamble. |
2. BE IT ENACTED, by the General Assembly
of Maryland, That
the commissioners in the said original act named, or a majority of
them, be and they are hereby authorised and empowered to value
the damages sustained by the said Thomas Poteet by reason of said
road running over the piece of timbered land aforesaid, taking into
consideration all advantages and disadvantages arising therefrom,
and make report to the next levy court thereafter of such valuation, |
Damages sustained
by Thomas Poteet
to be valued. |
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