The Baltimore County union., 1866-05-12
CHAPTER 1870.


1853 4
| 5aN a eHsa
CHAPTER 1910.
AN ACT to amend an Act, entitled, an Act to
make certain improvements in the vicinity of
the State Live Stock Scales in Baltimore coun-
ty, passed at January session, eighteen hun
dred and sixty-four, chapter twenty-three, by
enlarging the powers and duties Of the Com
missioners therein named.
Section. l. Be 1t enacted By The General ASSEM-
6ly Of maryland, That John S. Berry, John Slack
and Carey McClelland, Commissioners appointed
under the act of eighteen hundred and sxty-four,
chapter twenty three, shall have power to locate,
superintend and complete the erection of suita-
BILE bridge over Gwynns Run where Balto street,
of the city of Baltimore, if extended, would pass
said stream, and to enter upon, locate, condemn
and open the road leading from the termination
of Baltimore street, in the direct line thereof to
the Garrison Forest Road running between the
Calyerton Turnpike Road and the Baltimore and
Frederick Turnpike Road, and to change the
grade of said road to be condemned and open,
and to gravel, curb and pave the same aud al
so to change the grade of the Calverton Turnpike
Raod where it crosses Gwynn's Run ; proUided
that the written consent of the owners of said
Calverton Turnpike toany proposed change of
grade of said road shall be first obtained.
sec. z. <17tH OS u 6UuCtcH3 4udl SO uuNI VI .tuC
section second of the aforesaid original act, as
declars that no allowance shall be made TO any
of the property holders for any land required for
the bed of said street or road or for any material
on adjacent to- or in the vicinity of the line of
said street or road, be and the same IS hereby
repealed. g'
I Sec. 8. Ind be ii enacted, That said commission
ers, or majority ofthem, shall have power to
condemn any land required for the bed OF The SAID
street or road, and also to condemn and take
awav any material on, adjacent to, or in the vi
entity Of the line of said street or road that may
be required for the construction of said bridge,
or the grading and construction of the bed of said
street or road and shall have power 10 assess and
value the damageSssustained by the owners of the
lands over which the said road is TO be located,
or from which the said material may be taken,
taking into consideration the benefits or advan-
tageS of said road as the case may be, to such
owners this section not to be construed TO iuter-
fere with the proviso in the fourth section.
Sec. f. And be 1t enacted That the said Com
missioners shall after having ascerained the whole
amount of damages as aforesaid, and the aggre-
gate of the cost, according to the contracts en-
tered into, for building said bridge and grading
curbing and paving said road as provided in the
second secton of said act, and after having adj
ded thereto, an estimate made by them OF the pro-
babIe amount of expenses to be incurred III the
performance of the duties herein required Of them
shall proceed TO assess and apportion the cost of
said improvements damages and expenses lp the
following proportions th6t is to say all pertain
ing to the building of the bridge TO be paid by
the State Of Maryland, and also, one-halt of the
additional expenses for grading, curbing, paving
ofsaid street or road, and for which purpose the
sum of five thousand dollars or SO much thereof
as may be necessary, is hereby appropriated, and
the other part to be paid by the owners of prop
erty on the line Of said road or within the county,
and adjacent thereto in the city Of Baltimore,
the owners of which the said commissioners shall
adiudee to be benefited by said improvements,
apportioning them in just proportion, according
to the value of the benefit which III the estlma-
ton of said commissioners will accrue to each of
said owners, the survey, plat and assessment IS
of damages, and benefits, when completed shall be
returned to the County Commissioners of Balti-
more county, and any persons deeming themselves
aggrieved by said return and proceedings, shall
have hearing before the County Commissioners,
on q day to be named by said County Commits
sioners, Of which place and Itime, official notice
shall be given to any such aggrleved parties, by
Clerk of the Commissioners, at least one week
before the day of meeting of the commissioners,
and the said County Commissioners shall have
power 10 increase or diminish the assessment OF
damages or benefits according to their judgement
upon hearing, and then proceed to ratlfy and
confirm said return, and cause the same to be Ill
ed for record, among the public records Of Balt-
more county in the Office of the Clerk of the Cir
cult Court for said county.
Sec. 5. And be ii enacted, That any person who
may be dissatisfied with said return, may within
twenty days after the fling of said corrected
plots and assessment, appeal from said decision
to the Circuit Court for Baltimore county, who
shall have power to review the same and the par
ties appealing shall have the right OF jury trial
and the court is hereby authorized and directed
to hear said appeal within thirty days after the
expiration of the time limited for said appeal as
above stated, and finally adiudge and decide the
same
Sec 6 .1nd5e il epacted That if no appeal shall
have been taken within the time limited in the
aforegoing then Immediately after said limited
time or Immediately after said decision ofan ap-
neal shall have been made to the Commissioners,
they shall proceed forthwith to notify the parties
assessed for benefits of the several sums so assess
cd. and If the same benot paid within thirty days
thereafter, they shall proceed TO sell the specific
lots or parcels of land and premises on which such
assessment shall remain unpaid and on receipt of
the whole purchase money, shall execute good
deed in the law 10 the purchaser or purchasers
for said property so assessed and after deduct
ing the costs OF SALE advertising and other expen
ses, they shall pay over the balance after deduct-
ING the amount Of assessment on said property,
to the person or persons entitled thereto on de-
mand without interest.
Sec. T. Ind be II enacted, That the said Com
missioners shall have power to retain counsel and
employ such clerical assistance as may be abso-
lutely required for the prompt securement of the
objects contemplated in this act the necessary
and reasonable expenses whereof, shall be includ-
ed in their estimates of the cost of work to be APP
portioned as hereinbefore directed.
Sec. s.. Atd be ii enacted, That this act shall
take effect from the date ofits passage.