Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1884-10-11
Public Local Law,
CHAPTER 36l.

AN ACT to provide for the purchase or
erection of Water Works in the Town
of Frostburg, in Allegany county,
and to authorize the Mayor and
Councilmen of said Town to issue
bonds to pay the costs thereof.
SECrION l. Be at enacted by the General As
~ sem6ly Of Maryland, That for the purpose
! OF furnishing the inhabitants of the Town of
Frostburg in Allegany county, with an ade-
quate supply of good water, the Mayor and
Councimen of said Town are hereby author
lied and empowered to issue coupon bonds of
SAID Town toan amount not exceeding thirty
tive thousand dollars, which said bonds shall
be signed by the Mayor and Clerk of said
town, and attested with the corporate seal
thereof and shall be denominated "FroStburg
Water Bonds" and bear interest not exceed
ing SIX per cent. per annum, payable semi-an-
nuaily, to be issued in denominations not ex-
ceeding five hundred dollars, and to be pay
able at q time not exceeding thirty years after
their date and redeemable at the pleasure of
the Corporation at any time after five years
from their date
SEC. .. And be it enacted, That the Mayor
and Councilmen of Frostburg are hereby au-
thorized and empowered to levy and collect a
special tax on the asseSSable property Of said
Town sufficient to meet the interest on said
bonds, and to provide a sinking fund for the
redemption thereof at maturity.
SEC. 3. And be it enacted, That said Mayor
and Councilmen are hereby authorized and
| empowered, after they shall have prepared
and signed said bonds, to deliver them to the
Commissioners named in the next succeeding
Section of this Act, to be by them held in trust
and sold and disposed of to raise money to
carry into effect the provisions ofthis Act, and
said Commissioners are hereby fully author
lied and empowered to make sale thereof at
not less than the par value thereof, and to hold
| the proceeds of such sale for the purposes of
this Act, and after executing the powers vest
ed in them hereby, they shall make full report
OF their transactions to the Mayor and Coun-
Gil, showing all their receipts and disburse-
ments, and all bonds remaining in their hands
unsold shall be delivered to said Mayor and
Council to be cancelled, and any moneys re-
manning in their hands shall be paid into the
treasury of said Town.
Sec. 4. 4nd be it enacted, That Adam L.
Hitchins, William r. Percy, Marx Wineland,
J. Benson Oder, Thomas &. McCulioh, Owen
England, James Kane, Owen Hitchins, l.. NJ.
Gorsuch, c. Melvin McCuloh and Frank c.
Beall, be and are hereby appointed Commits
sloners for the purpose of carrying the provis
sions of this Act into operation with power
vested in them or majority of them to pur-
chase the water works now in existence in
said Town of Frostburg and owned by the
Frostburg Water Company, and to improve,
increase, extend and enlarge the same, or in
the discretion of the Commissioners, or ma
Jorlty of them, to build and erect new water
works for said Town. and for either of said
purposes they or a majority of them shall
have power from time to time to contract for,
purchase in fee simple or lease for a term Of
years in the name of said Corporation, any
land, real estate, spring, brook, water and
water-courSe, and also the right to use and
occupy forever or for a term of years any
land, real estate, spring, brook or water-course
which they may deem expedient and neces-
Of Il
with water, and also the right to enter, pass
through from time to time as occasion may
require and to use and occupy the said lands
through which they deem it necessary to con-
vey the said water and they are hereby vest
ed with all the rights and powers necessary
for the introduction of water into said Town,
and in case of the death, resignation, removal
or refusal to act OF any of any or either of
| said Commissioners, the members of said
Commission who shall act i'll the premises or
majority Of them are hereby authorized
and required to fill such vacancy or vacancies
from among the residents of said town.
SEC. 5. And be it enacted, That said Commits
sioners or ma orlty of them are hereby au-
thorized to agree with the owner or owners
thereof, for the purchase of any land, real or
leasehOld estate, spring, brook, water or water
course, earth, timber, stone or other material
which they may need or require in the build
ing, extending or improving of said water
works, and to make any such purchase for
such price as may be agreed upon, and the
title to any such land, real or leasehold estate,
spring, brook, water or water-course, earth,
timber, stone or other materials shall vest in
the Mayor and CounCilmen of said town.
SEC. q. and be ii enacted, That said Commits
sioners or a ma ority of them are hereby au-
thOriZed to contract with any person or per-
sons for the furnishing of any machinery,
water-pipes or other material necessary to be
used in the building, extending or improving
said water works i'll said town, and are also
authorized to make all necessary and proper
contracts with any person or persons for fur
nishing labor for said purposes, and may i'll
their discretion let out the whole of said work
to such contractor or number of contractors as
they may deem best or may hire and employ
workmen by the day and purchase material in
such greater or lesser quantities as they deem
most conducive to the interests of the town.
and they are authorized and empowered to
employ one or more competent engineers SUI
perlntendents and tOremen to lay out, super
intend and supervise said work.
SEC. I. ind be ii enacted, That if said Com
missionerS or a majority of them cannot agree
with the owner or owners of any real or lease
hold estate, spring, brook, water or water
course, earth, timber, stone or other materials,
or with the owner or owners of any land or
leasehol estate through which they may find
1t necessary to have right of entry or passage
for the purpose of conveying water into SAID
town, or if the owner of such real or leasehold
estate, spring, brook, water or water-course,
earth, timber, stone or other material are I'M
der any disability or lncapacity to contract, or
absent from the county or unknown, it shall
be lawful for said Commissioners or major
ity ofthem toapply toany justice of the peace
of Allegany county, who shall thereupon Is
sue his summons under his hand and seal di-
rected to the sheriff of said county requiring
him to summon Il jury of twenty inhabitants
OF said county, not interested in the property
to be valued, to meet on or near the land or
other property to be valued on day named
i'll said summons, not less than fifteen nor
more than thirty days after the issuing of the
same, for the purpose of condemning such
property.
SEC. s. And be it enacted That if at the time
named i'll said summons any of said Jurors
summoned do not attend, the sheriff shall i'm
medlately summon as many jurors as may be
necessary with the jurors in attendance to
make up the full number of twenty Jurors,
and from them each party or his agent, or if
either be not present i'll person or by agent,
the sheriff for him may strike off four Jurors
and the remaining twelve jurors shall act as
jury OF inquest of damages, and the sheriff
shall before the jury shall proceed to act, adj
minister to each of them an oath that they
will justly and impartially value the damages
which the owner will sustain by the use or
occupation OF the property required by said
corporation.