of Frederick county; that he has paid the whole caution money
for the same, and obtained the possession
thereof; that the said
Normand Bruce has assigned the said certificate to his son Upton
Bruce;
And whereas doubts exist as to the title to said land,
II. BE IT ENACTED, by the General
Assembly of Maryland, That the right of this state in and to
the
aforesaid tract of land called Bear Range, lying to the
westward of Fort Cumberland, in Allegany
county, be and the same
is hereby released, and confirmed to the said Upton Bruce, his heirs
and
assigns; and that the register of the land-office for the
western shore be and he is hereby authorised
and directed to
issue a patent for the said land to the said Upton Bruce; provided
nevertheless, that
nothing in this act contained shall operate to
affect the right of any person or persons heretofore acquired
to
the whole or any part of the said tract of land. |
CHAP.
XIX.
Right released,
&c. |
An ACT to lay out and open a road from Jesse Tomlinson's,
on
Bradock's old road,
to Matthew Ball's, on George's creek.
WHEREAS it is
represented to this general assembly, by the petition of sundry
inhabitants of
Allegany county, that a road to lead from or near
Jesse Tomlinson's, on Bradock's old road,
to cross Savage river
near the falls, and from thence the most advantageous way to
intersect the road
leading from John Compton's to the village of
Western Port, at or near Matthew Ball's; and the
prayer of the
said petitioners being thought reasonable,
II. BE IT ENACTED, by the General
Assembly of Maryland, That Jesse Tomlinson, Matthew Ball
and
John Neptune, or any two of them, be and they are hereby appointed
commissioners, to survey
and lay out a road, to be opened at the
expence of the petitioners aforesaid, not exceeding twenty
feet
it width, in such direction as they shall conceive will best answer
the purpose of this act, from
the said Jesse Tomlinson's to
Matthew Ball's; and the said road, when surveyed, laid out
and
opened, and the valuation herein after directed to be made
shall have taken place, shall be recorded
in Allegany levy court,
and shall be deemed and taken to be a public road for ever,
and
shall be kept in repair as other public roads in said county
are kept in repair.
III. AND BE IT ENACTED, That the said
commissioners shall ascertain and value what damages
may be
sustained by any person or persons through whose land the said road
shall pass, and the same,
when so assessed, shall be paid, or
secured to be paid, by the said petitioners, before they shall
proceed
to open the said road; provided always, that if any
person or persons through whose land the
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 fir
the said
commissioners, or any two of them, to issue their warrant to the
sheriff, to summon five freeholders
of the county, qualified by
law to serve as jurors in the county court, to appear, on a day
to
be by them appointed, on the premises, and the said
commissioners are hereby authorised to administer
an oath, or
affirmation, to every such freeholder, 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; and such
freeholders shall thereupon proceed to
assess and value the damages accordingly, of which there shall
be
ten days previous notice given to the petitioners, by advertisement,
signed by the commissioners,
and set up to public view in at
least three public places in the neighbourhood, and such
inquisition
and valuation shall be final and conclusive between
the parties; and provided also, that the said road
shall not be
opened through the buildings, gardens, yards or orchards, of any
person without his or
her consent. |
Passed 19th of
Dec.
1800.
Preamble.
Commissioners
appointed,
&c.
Damages to
be
ascertained, &c. |
