Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1884-10-11

to be condemned, and having viewed the
property to be condemned and heard said tes-
timony, they shall without delay ascertain
ana determine the compensation which ought
to be made by said corporation to the party
owning or being interested in said property
to be condemned, and shall thereupon reduce
Their lnqulsition to writing and sign and seal
the same, and it shall then be returned by
the Sheriff to the clerk of the Circuit Court
for Allegany county, shall be filed by the
clerk of said Court, and shall be confirmed by
said Court at the term next succeeding the
filing thereof with said clerk, unless sufficient
cause to the contrary be shown, and when
confirmed shall be recorded by said clerk at
the cost OF said corporation, and if any OBJ
Jectlons be filed to such confirmation they
shall stand for hearing within, the first ten
days OF the first term of court after said in
QUESTION IS returned and if said inquisition
is set aside, said court may direct another in
QUESTION to issue as is practiced in other con-
demnation cases.
Sec 10. And be it enacted That every such
inquisition shall describe the property taken
and the bounds of the lands condemned, and
the quantity or duration of the interest con-
demned for the corporation, and such valua-
ton when paid or rendered to the owner of
said property or his attorney, shall entitle said
corporation to the estate and property so val
ued as fully as if the same had been conveyed
by the owner thereof.
SEC. Ii. Aud be ii enacted, That the Commits
missioners hereinbefore named or q majority
of them are hereby authorized and empower
ed to do all acts necessary and proper to the
carrying out of the provisions of this Act
whether such powers are specifically herein
mentioned or not, and the Mayor and Coun-
cilmen of said Town are hereby authorized
and empowered to pass all Ordinances neces-
sary or proper on their part to the carrying
out of the provisions hereof, and any corpora
ton owning any rights, privileges, property or
franchises necessary or proper to be purchased
by said Commissioners in order to carry this
Act into effect, is hereby authorized and en-
vey such rights, privileges, property or fran
chises to said Commissioners for said Mayor
and Councilmen of Frostburg.
SEC. II. And be ii enacted. That it shall be
unlawful for any person or persons to wilfuly
pollute any stream, brook, spring reservoir,
water-course or other source or any means of
water supply of said Town through the works
SO built, erected, purchased or improved by
the Commissioners under this Act, by throw
ing any dead animal or other impure sub,
stance into the same, or by swimming, bath
ing or washing themselves, or by washing
| clothes, or the skins of dead animals, or any
other impure thing therein, or by committing
any nuisance in or so near said water as to
pollute the same, and it shall also be unlawful
for any person to designedly injure the said
water works or any part thereof. or obstruct
the passage of water therein and it shall be fur
ther be unlawful for any person not being a
water-renter at the time to NEEDLE with the
water in said water works, or with the pipes,
MIGRANTS or other parts thereof, and any per-
son offending against any ofthe provisions of
than five or more than fifty dollars for each
offence, to be recovered by the Mayor and
Council of said Town before a justice of the
peace as other fines are recoverable.
Sec. 10. And be it enacted That the title to
said water works, and all lands, estates water
ponIpit nir,as machinery and oil of ar
part or parts thereof whatsoever, and all prop
erty belonging or pertaining thereto, shall on
the completion thereof vest in the Mayor and
Counclmen of said Town.
SEC. IA. And be it enacted, That the persons
named in Section four of this Act shall con-
tinue after the completion of said works to act
as Commission for the care and arrangement
of said works to be known as the Water Com
missioners of Frostburg, and as such shall
have possession of full control over said works,
with authority to employ such superintend-
ents, collectors, workmen, servants and other
| employees as may be necessary or proper to
carry on the same and to purchase all sup
plies and materials needed in conducting the
same, and with power to provide rules and
regulations for supplying the citizens of said
Town with water, and to fix and establish,
and from time to time to alter and amend
schedule of rates or charges to be made and
collected for the use of said water, and to col
lect said charges (Which are hereby made
lien on the real estate upon which said water
is furnished) and out of the moneys so collect
ed to provide for the payment of the expenses
of running said works, provided that in all
suits or actions proper and necessary to be
brought for injury or damage to said works or
for the collections of water rents such suits
shall be brought in the name of the Mayor
and Council of said Town, and said Water
Commissioners are empowered to use the name
of said corporation IN bringing the same; and
provided further, that said Water Commits
sioners are hereby authorized, empowered and
required to make suitable provision for the
protection of the property i'll said Town from
fire by providing an ample number of fire
plugs, or public hydrants properly adapted to
the purpose and conveniently situated for
use.
SEC. Is. And be it enacted, That said Water
Commissioners are hereby required to keep an
accurate account oftheir receipts and disburse-
ments in conducting said works and to render
report thereof annually to the Mayor and
Councilman of said Town, and if at the end
of any fiscal year there shall remain in their
hands surplus of receipts after paying all eX
penses, such surplus shall be paid into the
treasury of said Town for the general purposes
thereof, and if there shall in any year or years
be deficiency or failure of receipts to meet
expenses the Mayor and Councilmen of said
Town are authorized, directed and required to
levy the same as other taxes are now levied
upon the assessable property of said Town,
to collect the same and pay it over to said
Water Commissioners, and for the purpose of
meeting any immediate demands the said
Water Commissioners are authorized from
time to time to borrow money in sums not
exceeding one thousand dollars and to pledge
the credit of said Town for the repayment of
the same
Sec. 16. And be ii enacted, That said Water
Commissioners shall serve without compensa-
ton, and shall not become bidders for the do
ing OF any work or furnishing of any supplies
ton, extension or improvement of said water
completed, nor shall they or any Of them be
interested directly or indirectly in any con-
tract made with said board for the doing of
work for or furnishing supplies to said board
provided, however, that sand board may APP
themselves as secretary and treasurer of said
board whose duty it shall be to keep correct
record of the receipts and disbursements afore-
said, and to receive all sums of money due and
owing said board, and to pay the same out
upon the order of said board or a majority
thereof, upon written draft or order signed
by the president of said board (Which presi-
dent shall be elected by said board from their
own number at the time OF organization, and
annually thereafter) and it shall also be the
duty of such secretary and treasurer to keep
and preserve all books, papers and other NOV
able property connected with or belonging to
said works, and the said board are authorized
to pay such secretary and treasurer Il reasona-
bic compensation for his services, and take
from him a bond in such penalty as they may
deem proper, conditioned for the proper DIS
charge of his duties such bond to be lnlyabe