The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1876-04-22
New Advertisements.

It shall be to lay Oft such street or avenue in
accordance with such application and the pro-
visions OF this act; but such street or avenue
shall be laid eff in conformity with the streets
and avenues of Baltimore city and with the
streets and avenues already laid off in Balti-
more county SO far as practicable, and such
other and further proceedings shall be had and
taken in the matter of laying off such street or
avenue as is provided in this section, for the
extension OF any street or avenue; all charges
and expenses incurred in any proceedings un
der this section, shall be taxed proportionately
upon the person or persons making the appli-
cation, according to the number Of front feet Of
ground represented in said application, and
the amount of such charges and expenses shall
be paid to the Examiner or Examiners, as the
case may be, before the plat of the street or
avenue, with proper explanations, is returned
and filed with the County Com misseners of
Baltimore county; provided, that in case Of an
appeal to the Circuit Court, the Court may de-
termine whether the cost of the appeal sh all be
paid by the appellant or appellee,
SEC. 8. And be ID enacted, That whenever the
owner or owners of a majority of front feet Of
ground, bounding aud fronting on any street,
avenue or alley, or any part thereof, hersinbs-
fore referred to, may desire to have said street,
avenue, or alley, or part thereof, condemned,
opened, graded and constructed they may make
application to the County Commissioners of
oaltlmore county III WrlGlnS, setllng lorth What
portion OF said street, avenue or alley they
want condemned, opened, graded and con-
structed; but no application shall be enter
tanned by said County Commissioners for the
opening, grading and construction of any
street, avenue or alley for less distance than
one square, and when the application is pre-
scented, the said County Commissioners shall
appoint one Examiner or three Examiners, in
the manner hereinafter provided for, whose
date itel,a ha To l.
construct such street, avenue or alley, or part
thereof, In accordance With said application
and the provisions Of this act; and before any
Examiner or Examiners, shall proceed to act
in the premises, the Examiner or Examiners,
as the case may be, shall take an oath or afir.
nation before some Justice OF the Peace of the
State OF Mary land, in and tor Baltimore coun-
ty, that he, or they. as the case may be, will
we'll and truly assess the damages and benefits
happening arising or issuing from the CON
domination, opening, grading aud construction
of said street, avenue or alley, Or such portion
thereof as may be applied for, and will in all
respects act without prejudice or partially in
said matter; after taking such cath or affirma-
ton, the Examiner or the Examiners, as the
case may be, shall give at least ten days notice,
by publication in one or more newspapers pub
lished in Baltimore county, and one newspaper
OF general circulation published in Baltimore
city, that said application has been made, and
after giving such notice the Examiner or the
Examiners, as the case may be, shall cause to
be made an explanatory plat of said street.
avenue or alley, or part thereof, and of the
property bounding and fronting on the same
and of the property adjacent thereto, lift should
be deemed advisable by said Examiner or Elk
aminers to do SO, and all land for which dam
ages have been awarded, or to which benefits
have been assessed. and any house or improve
ment of any kind on the bed of the Same which
it shall be necessary to remove in whole or in
part, shall be shown on said plat, and if grades
have not been established on said street, ave-
nue. or alley, or portion thereof applied for, the
Examiner or the Examiners, as the case may
be, shall have grades estshlished in the man
ner provided for by section four Of this act
The Examiner or the Examiners, as tho case
may be, shall then proceed to value such dam
ages as may happen or arise from the condsm-
nation and opening Of said street. avenue or
alley, or portion thereof, and to make al ssti-
mate OF the probable cost of epening, grading
and construction of the same and of the proba-
BILE cost and expenses of the proceedings in the
matter, including the per diem of the Examiner
or the Examiners, as the case may be, and
shall assess the gross amount OF such damages,
the probable cost Of opening, grading and CON
struction, and the probable amount of cost and
expenses of the proceedings in the matter, in
gliding the per diem of the EXamner or the
Examiners, as the case may be, in gGSh pro
portions as may be fair snd equitable as bene-
fits upon sill tbs grounds in said county, which
shall, in the opinion of the Examiner or the
Examiners, as the case may be, be benefited by
the condemnation, opening, grading and con-
struction CT said strsst, avenue or alley, or any
part thereof and as soon as the explanatory
plat and necessary prefles of grades are made,
and the Examiner or the Examiners, az the case
he. shall have nintad thR o tan Af
damages and estimated the probable cost Of
opening, grading and construction, and of the
proceeding in the matter, and Of the amount
that will be required to be assessessed as bene-
fits, aEl sE4n hGEa prepared stutomont OF
the samel the said Examiner or Examiners, as
the case may be, shall give fifteen days notice
in one or more newspapers published in Balti-
more county, and one or more newspapers
published in Baltimore city, that said plat
profile and statement are ready for sXamina
ton, and that the said Examiner or Examiners,
as the case Eay be will meet on such days and
al such time and phase as may be designated
in said notice, to review any Gf the several
matters set forth in said sta!alnent. to which
any persca claiming to be interested therein,
may object, and the said Examiner al Exam
liners, as the case may Ut, shall consider all
such obleotaqa ana representative that may
be made to any matter ia said statement, and
in tbs valuation of damages, estimates of prob
able cost of opening, grading and construction,
and assessments for benefits and oil Cthet mat-
tiers contained In such STATEMENT, as in the
Judgment al the said Examiner or BNamfners,
as the case may be, shall appear To 90 just and
proper, and tho Examiner or Examiners as the
case may be, may adjourn from day to day if
necessary, to give all parties claiming a review
an opportunity to be heard, not exceeding in
rt,.N1. 4 ,ft.N,. !
visw, the said Examiner or E4ami IeFs, as the
case mSy Is, Shall award the damages and es-
innate the probable cost of opening, grading
and construction, and the probable cost and ey
penses of the proceedings in the matter, snd
assess the gross amount as benefits in the man =
.ner provided for by this act and the said Ex-
am inerSer Examiners, as the case may be, shall
make statement of the same, which statement
and explanatory plat and profile shall be
signed and certified by the said Examiner sr
Examiners, as the case may be, and deposited
in the Office of the County Comm issioners of
Baltimore county, and the same shall be filed
by said Commissioners as one Of the records OF
said county the said Z am insr or Examiners
as the ease Eay 6e shall, within ten days after
depositing said statement, plat and profit with
the County Commissioners, notify all persons
interested by an advertisement 10 be inserted
once week for three successive weeks, in one
VI htHAO HONsk dHSIS PuOllSuSU III DdttlnVEc
county, and in one err more newspapers of gen
eral circulation published in Baltimore city,
that said statement, plat and profile have been
deposited with the County Commissioners of
Baltimore county, and any person or persons,
or corporation, that may be dissatisfied with
the award for damages, or Of benefits assessed,
may, at any time within thirty days after the
first publication of said notice, appeal there
from by petition in writing TO the CIRCUIT Court
OF baltimore county, praying said Court to re-
view the same, and the Court shall direct the
Clerk OF said Court to issue S,bnCena o4ces &C.
cum to the County Coma issioners of Baltimore
county, requiring them to produce aud deliver
to said Court the statement, plat and profile
and the said Court shall have full power to
hear and fully examine tho subject aud decide
on said appeal, and the person or persons ap-
pealug shall have the right of a jury trial the
said Court shall not ject set aside the stSte
ment and proceedings of said Examiner OF Elk
aminers, as tho case aay be, Tor any defect or
omission in either form or substance, bat shall
amend or supply all defects and qmissiops, and
increase or reduce the amappt Of damages
awarded or OF benefits assessed ia any case,
and alter, m0dlfy and CORRECT the statement in
all or any Of its parts, rs the said Court shall
deem just and proper, and in case motion is
6led to quash the proceedings in said case, or
any other objection is taken 10 any Of the pro
ceedlngs, tho samo may be amended as TO mat
tors OF form, so that the case may be tried on
its real merits, and the purposes of justice sub
served, and in case of any motion to quash for
matter of form or substance, where tue 6sieot