Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1884-05-17

Sp8iHe WAGONS IN THE STATE.
PaOlic k.e,caf Laws
CHAPTER 36l,


Az ACT to provide for the purchase OF
erection of water works in the Town
. of Frostburg, in Allegany county,
and to authorize the Mayor and
Councilman of said Town to issue
bonds to pay the costs thereof.
/ CECriON /. Be it enacted By the General As
! - se'"bly Of Narylaad, That for the purpose
! OF furnishing the inhabitants of the Town OF!
Frostburg, i'll Allegany county, with an ade
quate supply of good water, The Mayor an,.
! Councilman of said Town are hereby author
| ize,i and enpoN cred to issue coupon bonds o!
said Town to an amount not exc ling thirty
! five 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 exceeding six pc,
| cent per annum, payable semi-annualiy, to he
! issued in denominations not exceeding five
hundred dollars, and to be payab at a tim.
not exceeding thirty years after their date anu
redeemabe at the pleasure Of the Corporation
at any time after five years from their date
| SEC 2. And be it enacted, That the Mayor
and Countllmen of Frostburg are hereby ali
| thorzcd and empowered to levy and collect Il
| special tax on the assessabe property of sale.
| Town sufficient to meet the interest on said
| bonds, and to provide Il sinking fund for the
redemption thereof at maturity.
SEC g. ind be il enacted, That said Mayor
and Councilnen 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 tr,is
and sold and disposed Of to raise money It.
| carry into effect the provisions of this 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
! 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 DO paid into the
treasury of said Town.
Sec. 4. And be ii enacted, That Adam f.
Hitchins, William R. Percy, Marx Wineland,
| England James Kane Owen Hitchins, l.. NJ.
| Gorsucl, c. Melvin McCulloh and Frank c.
| Beall, be and are hereby appointed Commits
sioners for the purpose Of carrying the provis-
ions of this Act into operation, with power
vested in them or majority Of them to pur
| Town of Frostburg and owned by the Frost
| burg Water Company, and to improve, in
! crease, extend and enlarge the same, or in the
| discretion of the Commissioners, or majority
| 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 H.
| fee simple or lease for 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 Il
term of years any land, real estate, spring
! brook or Water-course which they may deem
| eXpedient and necessary for the purpose o
| furnishing said Town with water, and also thu
! light to enter, pass through from time to tim.
IS occasion may require and to use and occup,
| yhe said lands through which they deem
| necessary to convey the said water, and the,
ire hereby vested with all the rights and pow
| ers necessary for the introduction of water int
f! said Town, and III case of the death, resiglu
! iun removal or refusal to act of any or elti,e
| If said Commissioners, the members of sa.
| commission who shall act in the premises o.
| Il majority of them are hereby authorized an
| required to fill such vacancy or vacancies frol
! imong the residents of said town.
( SEC. 5. And DC at enacted That said Commits
! s;oners or Il majority of them are hereby au,
| ,horized to agree with the owner or owner.
| thereof, for the purchase of any land, real OF
| leaSchOld 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 waite.
! works, and 10 make any such purchase for suci
! price rs may be agreed upon, and the title t,
my SUCH ioIS real Ut lettSeIlOIu estate, spring
brook, water or water-course. earth, timber, ,
I stone or other materials shall vest III the May
/ ora and Councilneu of said town.
! SEC. i. And be ii enacted, That said Commits
oners or u majority Of them are hereby .,-
horized 20 contract with any person or PEE.
| sons for the furnishing of any machinery
| Hater-p!peS or other material necessary to I
| .lsed i'll the building, extending or improviI,
| said water works III said town, and are ais
| authorized to make all necessary and propci
| contracts with any person or persons for fur
| nisliing labor for said purposes, and may il.
| heir discretion let out tie whole OF said wor
20 such contractor or number of contractors II.
| they may deem best, Or may hire and employ
| Norknitn by tie day and purchase material H.
| such greater or lesser quantities as they deem
! most conducive TO tie interests of the town.
and they are authorized and empowered to
| employ one or more competent engineers, s,i-
| :'erntcndents and ioremen to lay out, super
| Intend ana supervise said work.
| SEC. I. ind be ii enacted. That if said Com
| !EiSsloners or Il majority of them cannot agree
| with the owner or owners of any real or lease
| hold estate, spring. brook, water or water
curse EARTH, timber, stone or other materials,
| or with the owner or owners Of any land or
| ieaSehold estate through which they may find
| It necessary to have right of entry or passage
| ior the purpose of conveying water into said
| fown, or if the owner of such real or leasehold
| estate, spring. brook, water or Water-courSe,
| -arth, timber, stone or other material are I'M
| Ter any disability or ncapacity to contract or
| absent from the country or unknown il shall
f! DC lawful for said Commissioners or majority
| of them to apply to any justice of the peace vi
| Allegany county, who shall thereupOn issue
| lis summons under his hand and seal directed
70 the sheriff of said county requiring him to
| summon a 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 in said
summons, not less than fifteen nor more than
| thirty days after the issuing of the same for
the purpose OF comdemning such property.
| SEC. &. And be stenacted, That if at the time
| named in said summons any of said Jurors
| summoned do not attend the sheriff shall i'm
| .nediately summon as many jurors as may be
..ecessary 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 in person or by agent, the sher-
| II for him may strike off four jurors and the
remaining twelve jurors shall act US the Jury
| ofinquest of damages, and the sheriff shall be-
fore the said jury shall proceed to act, admin
! ister 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.
SEC, 8. And be il enacted, That said iurv
shall have power to summon such witnesses
rs the parties may require and examine them
on oath i'll relation to the value of the proper
ty to be condemned, and having viewed the
property to be condemned and heard said tes-
tiniony, they shall without delay ascertain and
determine the CONDENSATION which oi,rht tn