The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1876-06-24


tally completed under the act Of eighteen
hundred and seventy, chapter three hundred
and nine.
WHEREAS, There are special circumstances
in the ease of the said Wilkins Avenue requir-
ing special legislation in regard thereto. There
fore
SECTION 1. Be 1t enacted By the General As
sena5lv of Maryland, That wilkins Avenue in
% far as the same has been completed and
partially completed under the proceedings
taken under the act of eighteen hundred and
seventy, chapter three hundred and nine, IS
hereby declared to be public road OF Balh-
more county, and all the acts OF the County
of Baltimore county done IN
connection Herewith, and in connection with
the building of the bridge on said avenue ever
Gwynn's Falls are hereby declared to be valid.
Sec. 2. And be it enacted, That John G. Hol-
land, Daniel ]. McCaHley, and Columbus j.
Shipley, are hereby appointed and constituted
a Beard of Examiners and Assessors, with pow
er and authority in themselves in case of refu-
sal to act, resignation or death of any of their
number to fill such vacancy or vacancies so as
always to constitute board of three, whose
duty it shall be to meet at some convenient
place as soon as practicable after the passage
of this act, for the purpose Of making such as
sessments upon the owners of land lying on or
near Wilkins Avenue, for the construction and
completion thereof as in their judgement may
be benefited by the construction and compile
ton Of the same.
Sec. 8. And be it enacted, That said Board of
Examiners and Assessors before proceeding to
make any assessment on assessments shall
employ some competent surveyor to make a
plat of the avenue, which shall be sixty-six
feet wide, to be constructed and completed
with a road bed forty feet wide, and in making
said plat the said surveyor shall include the
present bed Of Wilkins Avenue as now COM
pleted, and partially completed from the Roll
ing road to a point where the said avenue
crosses the track of the Baltimore and Poto.
mac Railroad Company, and from the said
point where the same crosses the track OF the
baltimore and Potomac Railroad Company
easterly to the city limits the said surveyor
shall include the bed of the said avenue as
laid out on the plat and returned by the road
supervisors of the first and thirteenth election
districts of Baltimore county to the County
Commissioners thereof, with the proceedings
taken under the act of eighteen hundred and
seventy, chapter three hundred and nine, for
the opening of said avenue, except that IN
passing through the lands of the st. Mary's
industrial School deviation shall be made
from said plat so that the said avenue shall at
no point be nearer than one hundred and
twenty-f feet to the main building OF said
institution, and said surveyor shall also make
an estimate of the amount of money required to
construct and complete said avenue as well as
a plat Of all the land lying on both sides
of said avenue, which in the judgement OF the
examiners and assessors will be benefited by
the construction of said avenue, and shall care
fully plat the same, with the number ct acres
and the names of the owners thereof, and said
plat shall be the basis for the assessments to
be made by said board, and ne assessments
shall be made upon any land which is not con-
tanned on said plat, and upon the completion
of said estimate and plat the said Board OF
Examiners and Assessors shall assess benefits
and damages upon the owners of land inclu-
ded on said plat in such proportion as they
may deem just and proper.
Sec. 4. And be it enacted, That the assess
ments provided for in the preceding section
shall be made in the following manner, the
said Board Of Examiners and Assessors shall
procure from the County Commissioners of
Baltimore county full and complete list OF
all the payments which were made by the
land owners under the assessments made by
virtue of the act of eighteen hundred and sew
enty, chapter three hundred and nine, and the
time when said payments were made, and to
the aggregate amount of assessments thus paid
with interest from the time of the payment
thereof, they shall add the amount still due
the contractors under the old contract, as we'll
as the amount paid to 0'Brien Co., by the
Commissioners of Baltimore county, since the
cessation of the work under his original con-
tract, and such other amount as they may pay
to him for work done for the protection of the
avenue before these proceedings are consum-
mated and the amount required to construct
and complete said avenue according to the es-
innate of their surveyor, and the whole amount
thus obtained shall be the basis of their assess
ments and, after making the assessments
upon this basis the said board shall allew as a
credit thereon to the owners of such pieces OF
property as may have paid part or the whole
Of their assessments under the act of eighteen
hundred and seventy, chapter three hundred
and nine, the amount so paid with interest
thereon from the time said payment or pay
ments were made, and if any land for which
the owner thereof was assessed under the act
of eighteen hundred and seventy, chapter
three hundred and nine and paid his assess
ment has changed hands since said assessment
was paid, the same shall nevertheless be al
lowed as acredit as ifsaid land had not changed
hands, and the amounts due the County Com
missioners for the advances made by them for
the benefit of said avenue and which may be
advanced as aforesaid, shall be returned to the
County Treasurer when the assessments are
collected.
Sec 5. And be enacted, That said assessors
shall return a report of their proceedings when
the same are completed, signed by them or a
majority of them, together with the estimate
and the plats to the County Commissioners,
and the same shall be duly fled and recorded
by said Commissioners, and they shall give
notice in two newspapers published in Balti-
more county for three successive weeks, and
in some daily newspaper published in Balti-
fo. 4ba id of inon of OQn
eral circulation, that the return, estimate and
plats of the examiners and assessors have been
filed in their Office, and if any person or per-
sons or body corporate shall feel aggrieved by
the award, report, return or proceedings OF
said Board of Examiners and Assessors, he.
she, they or it shall within thirty days after
the expiration of said notice file with said
Commissioners his, her their or its objection in
writing, and said County Commissioners shall
after five days notice to each side interested or
the attorney thereof, or as soon thereafter as
practicable proceed to consider the award, re-
turn, report, plat and proceedings of said Beard
of Examiners and Assessors and all the pro-
ceedings in said case, and the said County
Commissioners subject to the provisions OF this
act may ratify and confirm, reject, reverse, al
ter, amend or correct the award, return, report
plat or proceedings Of said examiners and as
SCISSORS, and all the proceedings in said case, OIL
aminers and assessors in case they deem il
advisable, the award, return, report, plat ano
proceedings of said examiners for alteration
correction or amendment, and any person in
terested in said proceedings may appeal from
the final order of ratification or rejection OF the
report of said Beard of Examiners and Asses
sors by the County Commissioners to the Cir.
cult Court for Baltimore county; provided
said appeal is taken in writing with said Com
missioners within thirty days after the pass
age of said final order of ratification or rejec
ton. and provided that the cost of the record
in case of appeal shall be paid or rendered tC
the Treasurer of the county or the Clerk OF the
County Commissioners within thirty days
from the date of said appeal; and in case the
said costs are not paid or rendered as aiore
said within the period aforesaid it shall be
lawful for the County Commissioners to pro
coed to act in the premises as if no such ap-
peal had been taken; and in case any appeal
is taken as aforesaid to the Circuit Court o
said county and a motion is filed to quash the
proceedings in said case or any other objection
is taken to the same, any of the proceedings
may be amended as to matters of form so thai
the case may be tried on its real merits, and
the purposes of justice subserved, and in case
of any motion TO quash for matter OF form OF
substance where the defect in said proceedings
set up by said motion cannot be remedied by
amendment in Court, but shall be capable o.
being cured or remedied, or where said pro
ceedings may be perfected by said Commits
sioners, it shall be the duty of the Court in
stead of ouashing said proceedings to remand