The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1876-04-22
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enues as may be required, and for the purpose
Of condemning, opening, grading and con-
structing such proposed thorougkfare the line
selected, including porto ms of different streets
and avenues, shall be recognized, considered
and acted upon, as if it was a continuous line
Of any street or avenue, and the owner or own :
ers of majority of front feet of ground bound
ing and fronting on the line Of said proposed
tn0roughfare, may make application to the
| County Commissioners of Baltimore county
in writing, setting forth what street or avenue.
| or what portion of any street avenue they
want condemned, opened, graded and con
structed for such proposed thoroug hfare, and
when SAID application is presented, the said
County Commissioners shall appoint one Ex-
amlner or three Examiners in the manner here
lnaiter provided for, whose duty it shall be to
condemn, open grade and construct such streets
or avenues, or portions thereof, as may be ap-
Piled Tor, for sucn thoroughfare, in accord
ance with said application and the provisions
OF TINS Act and all proceedings which can be
mad and taken for the condemnation, opening
grading and construction of any street, avenue
or alley, or portion thereof, under the proyi
slons oil this Act, can, and shall be had and
taken for the condemnation, opening, grading
and construction of any street or avenue, or
part OF any street or avenue for such thor
oughfare.
SEC. 9. And be IL enacted, That all streets and
avenues, or parts of streets and avenues that
may DO condemned, opened, graded and con-
structed, shall be condemned the full width as
laid off; but if the owner or owners of ma
Jority of front feet of ground bounding and
fronting thereon, should desire the same to be
opened, graded and constructed of a less width.
they may set forth that fact in their application
to the County Commissioners of Baltimore
county and designate the width which they
may desire the same to be opened, graded and
constructed, but the road bed of any street or
avenue, Or part thereof shall not be less than
thirty feet in width at any point, except where
1T may connect with bridges and culverts Of a
less width, and after any street or avenues or
parts thereof, shall have been condemned of
the iHll width and opened, graded a1xa 800.
strFoted ~ --.;a'h +hen the eondep ned !;
ana the owner or owners Of a majority OF front
feet OF ground, bounding and fronting on such
street or avenue, or any portion thereof, should
desire to widen, open grade and construct the
| same OF the full width as condemned thew
may make application to the County Commits
sloners OF baltimore county in writing setting
forth the TACT and designating the street or ave-
nue. or portion of the same which they NAV
desire to be widened, opened, graded and con-
structed and when said application is pre-
scented, the said County Commissioners shall
| appoint one Examiner or three Examiners in
| tho manner hereinafter provided for, whose
duty 1t shall be to widen, open, grade and con-
| Struct said street or avenue. or portion there
OF, IN accordance with said application and
the provisions of this act, and all proceedings
which can be had and taken fer She condem-
nation, opening, grading and construction of
| any street or avenue, or portion thereof under
the provisions of this act can and shall be had
and taken, SO far as the same may be applics-
BILE Tor the widening, opening, grading and
construction OF such street or avenue, or any
portion thereof.
SSo, 10. And be ii eaacted That whenever
l nj Nv rF from g.
OF ground, bounding and fronting on any street,
avenue or alley, or part thereof, which may be
! condemned, opened, graded and constructed
| under the provisions of this act, OF which NAV
have been condemned, opened, graded and
constructed under the act og eighteen hundred
and seventy, chapter alDary nine, the supple
mental act of eighteen hundred and seventy
two, chapter seveasy eight. the act of eighteen
| hundred and goventy-tw" chapter three hun
dred and 2Aghty seN ca, the az ~ ii, htcen hum
dred AID sev"hty-feur cha teg four hundred
ana ior' y-one, may desire to have the same
! macada'nized, grave!ed, shelled, paved OF
curbed, as the case may be, they may make
application TO the County Commissioners OF
Baltimore county in writing, setting forth what
portion OF said street, avenue alley they
| want macadamized, graveled, shelled, paved
I or curbed, and they may designate in said ap-
plioation the nature and character of the ma
terial that they want used for the purpose, and
when the application is presented TO the said
County Commissioners they shall appoint one
Examiner or three Examiners in the manner
hereinafter provided for, whose duty it shall
be to have aueA street, avenue or alley, or por-
ton thersofspplied for, macadamized, graveled,
! sRelhed, paved or curbed as the case may be,
in accordance with said application and the
provisions Of this act and before any Exam-
iner or Examiners, as the case may be, shall
proceed to act in the premises the Examiner or
ExyaNN l.
an cath or affirmation before some Justice OF
the Peace of the State of Maryland, in AAd for
Baltimore county, that he or they, as the case
may be, will well and truly tax snd assess the
| benefits Tor macadamizing. gPSveling, Smelling,
paving or curbing, as the ease may be, fairly
and equitably upon the ground, bounding aud
tranting on eisch street avenue or alley, or per-
ton thereof, applied for, and Will act in ali re-
specta without prejudice or Partially in said
matter; after taking such oath or affirmation,
the Examiner or Examiners, as the case may
be, shall give at least ten days notice in one or
more newspapers published in Baltimore coun-
ty. and one newspaper of general circulation
Published in Baltimore city, shat said spplics-
tien has been made, aG2 after giving such no.
tce, the Examiner or Exa miners, as the case
may be, shall make an estimate OF the proba-
| BILE amount Of work to be done. and of the prob
able csst of the same aud al estim tie of the
probable cost and expenses of the proceedings
in the matter, including the per diem of the
| Examiner, or the Examiners, as the case NAV
be, and make a statement of the gross amount
| thereof, and shall cause to he made a Plat of
said street, avenue or alley, or part thereof,
upon which the work is 70 oe done, and of the
ground bounding au,t fronting on the same :
and after said state nent and plat is eOtn pleted
She said Examiner or Examiners shall tax and
assess the gross amount of the probable cost OF
the work and of tao costs and expenses of the
1 IN AHa fa,r
on the ground bounding and fronting on such
street, avenue or alley, or portion thereof, on
which the work is to be done, aud such tax
and assessment shall be lien on said property,
and shall be collected. deposited, paid out, and
disbursed in the same manner as assessments
for benefits for cOndemzing, opening, grading
and constructing Sly street, avenue or alley
or part thereof is collected, deposited, paid out
and discussed. and all proceedings which can
be had and taken for the condemnation, open
/ ing, grading, and construction of any street
avenue or alley, CT portion thereof. under the
provisions ct Shis act can and shall be had and
taken so far as the same may be applicable for
matchmaking, graVsllng, Smelling, paving er
curling, as thu case may be, of any street, ave-
nue. or alley or part thereof
SEC. IL. And be 1t enacted, That a tenant for
ninety -nine years. or Tor nnety-pine years Ts-
Movable forever, or the executor or administra-
tor of such tenant or the guardian oE an infant
owner, or a mortgage in possession, shall DC
deemed and taken as an owner for the purpose
of any application authorized and provided Eel
by this Act; and the application Of any such
person shall bind the property so represented
for any assessment or tax made under the pro-
visions Of thia Act; and when a part OF a lot
of ground shall be condemned for such street
avenue or alley, or part thereof, and the residue
of the lot should be affected or injured for the
purpose for which it is used, or its value be
impaired for building purposes, the fact should
De taken into consideration in assessing and
awarding damages for the part taken and in
assessing benefits on the residue of such lot
and whenever any street or avenue, or any part
thereof, for which application is made to be
condemned, opened, graded and constructed
under tAs provisions of this Act and all or any
part Of the bed of road, street or avenue
should be adopted and used which may have
been already graded and constructed, or par.
TALLY graded and constructed by she owner OF
owners Of the ground bounding and fronting
thereon, or by their srantors or other persons
prior to such adoption, condemnation and use
thereof Sy the Examiner or the Examiners, as
the case may be, appointed under the provisions
of this Act, said Examiner or Examiners, as She
case may be, shall, in awarding damages, and as
sessing benefits, take all SUCK l&ets into con-
sideration, and make & Fust and Dronsr allow