| 1800. |
LAWS OF MARYLAND. |
| CHAP. 20. |
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, |
Commissioners appointed
to lay
out
road. |
2. 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 expense of the petitioners
aforesaid, not exceeding
twenty feet in 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
county levy court, and shall be deemed and taken to be a
public
road forever, and shall be kept in repair as other public
roads
in said county are kept in repair. |
Damages to be ascertained.
Provision. |
3. 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 for 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 Dec. 19. |
CHAP. XXI.
An Act for the preservation of the breed of
Fish in Great
Choptank
River. Lib. JG. No. 3, fol. 386. |
| Preamble. |
WHEREAS it is represented to this general
assembly, by the petition
of sundry inhabitants of Caroline
county, that for several years
past a number of people have been
in the habit of whipping and
beating the waters of Great Choptank
river, for the purpose of driving
the fish, whereby the spawn of
said fish is destroyed; in order
to prevent the like improper
practices in future; therefore, |
Penalty on persons
whipping
the
water. |
2. BE IT ENACTED, by the General
Assembly of Maryland, That
if any free person shall
whip or beat the water in Great Choptank
river with poles or
sticks, or other things, for the purpose of
driving |
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