The Republican. [volume] (Oakland, Md.) 1877-current, 1886-05-15
NEW ADVERTISEMENTS

SEC l2l. Any person who shlll feel ag lev
ed by Tie decision OF the COMMISSIONERS ap'
pointed to layout such streets, as 10 inc
amount of damages allowed him, or dement's
assessed against him, may appeal the lelolh
AT any time within thirty day after sald COM
missioners shall have. made their return. 70
the Circuit Court OF Garrett county, when
SAID appeal shall bc taken by ming written
notice thereof with the Clerk OF the tounly
who shall ,thercUpOn without unnectst az ue-
lay transmit TO ssid Court record o. the pro-
uccdings uf said Mayor and Counen anu OF
said street commissioners in said mar rs,and
said appeal snail be docketCd upon the lrlai
dtekct 1i Che next preceding term OF sald
circuit court. the party taxing IN" appear W
Sfrd1rhpfcd al plaintiff and said May or ana
ruuueIf a- defendant and said party appel
.ugt shall thereupun be entitled to jury trlal
d. asscss the amount of damages payable 10,
ur benefits chnrBeable against him. as the case
may De-. and Tie amount assessed MS Such
damages or benefits shall stand in the place,
and stead OF the assessment thereon by Sald
commissioner. and upon said appeal 1t shall
bc competent for the clerk 10 quash Inc pro-
ceedings upon the notice of the appellant ior
errors or ON ssions rendering the same fatally
defective, and upon trial of said cause in said
Circuit Court either may take bills OF eXcep-
lions to any rulings of said court upon matters
of law arising in the progress ofsueh trlal ana
either party may appeal TO the Court OF APP
peals OF this state from any such rulings, or
from the action Of said Court in quashlng or
refusing to quash such proceeding.
SEC. l22. The Mayor and Council may when
requested in writing by the of majority OF
the fropLfeet of the property or any or parts
thereofin said town cause the same to be gra-
ded paVed severed or otherwise improved,
and levy theeXpenses thereof the property
binding on such street or alley agreeabie 10
the extent OF such lots thereon, and collect
theexpense thereof OF grading, paving, sew
ering orotherwise improving the same as d.
rectedsin the next succeeding section.
SEC. l2S. Whenever the Mayor and Council
p s' g mo- ey yrS Sa1ne 3Sving
selverifg or otherwise improving the streefs,
lanes or alleys in said town, or any OF them.
the suIIafo levied shall be n lien on said prop
ertv provided said Mayor and Council shall
within sixty days after the completion of
such grading, paving, sewering or otherwise
Improving cause to be filed with the Clerk OF
the Circuit Court OF Garrett county state
ment showing the amount expended IN such
grading paving, sewering or otherwise inn
proving, and the names ofthe persons against
whom said sums have been apportioned, and
the amount apportioned to each and general
description OF the land owned by each OF said
parties upon which such sums are intendedto
operate as lien on SAID properly lof the
space of three years and no longer unless the
same shall be revived and enforced by scfTs
faciaS as provided in the succeeding section.
SEC 12i said lein shall be enforceable by
scire fueiGS issued out of the Circuit Court for
Garrett county in the same manner as me-
chanics liens are now enforced by law and
upon such Scirs tdcias the defendant may rely
upon any defence which would render the
imposition of any such tax void, or operate
as q discharge thereof and such Scire fdcids
may issue at anytime within three years from
the filing of the statement required by the
last preceding section. but any defendant
intending to dispute the validity of said tax
and wishing to test the same before the eXpi-
ration of said time may at any time after the
filing of said statement give notice to said
Mayor and Council in writing. that he dis
putes the validity of such tax and wishes to
test the same so as to free his property from
such lien claim, and in such case unless said
Mayor and Council shall issue sctre JdctdS
thereon against such party within sixty days
too QfNs11l
be waived and avoided as against his property
and in all cases of writs of scire facidS issued
under this section the same shall stand for
trial at the first term of Court after the issuing
thereof provided, the same shall have been
served on the defendant and return ofsuch
service made by the sheriff at least ten days
before the commencement ofsaid term and
upon all judgments rendered in such cases
there shall be n stay of thirty days and no
longer, provided, that either party may APP
peal to the Court of Appeals of Maryland from
any rulings or decision OF any questions Of
law decided by the Circuit Court in such
trial and in case the defendant shall appeal
and file proper appeal bond, then said stay
of thirty days shall be counted from the af-
| frmation of said judgment if the same shall
be affirmed and not from the date of the judg-
ment below
SEC 1916 All ordinances now in force and
| operation in said town shall remain and be
in full force and effect until regularly repeal
| ed and wherever the words burgess and
4-sse0mAaissiOners'' occur in any of the sections
| of the charter said town not hereby repealed,
| or in any of said ordinances they shall have
| the same effect power and meaning as If the
| words Mayor and Council were used.
| SEC. 1Z7. Where sidewalks are constructed of
| solid and lasting materials snc as brick or
! stone only the first cost of same shall be
borne by the owner or possessor of the prop
| erty abutting thereon and it shall be the duty
| ofthe Mayor and Council g. keep such side
| walks in good repair thereafter, but when the
| sidewalks are constructed of wood, said side
| walk. the owner or possessor of the property
| abuttng thereon, shall keep the same in good
| repair at his own proper cost and expense,
and if said last mentioned sidewalks at any
| time need such repair, it shall be the duty OF
| the bailiff to notify the persons responsible
| for the same, when if the REQUIRED repairs are
not made within twenty days after said no.
tice, the Mayor and Council shall forthwith
| proceed to repair the same, and charge the
| expenses thereof to the owner or possessor re-
| sponsible for the said repairs, and if the cost
| and expenses thus entailed are not paid with
in ten days after presentation of the bill for
| same to the responsible owner or possessoI
| aforesaid, or his or her duly accredited agent
| then it shall be lawful for the Mayor and Coun
| Gil to proceed to collect the same by due pro-
cess Of law, whether the party charged be a
| resident or non resident of the town, county
| or State, and whether adult or infant, non
compos. feme covert or otherwise.
SEC. 129. The Mayor and Council may eStab-
fish town prison or lock up and conflne
therein for q space of time not exceeding
twenty days. any person who shall neglect oil
refuse to pay any fine imposed for the viola
tion of any ordinance or bylaws of the town
now IN force, or WHICH Stlu Mayor ana toun
Gil is hereby empowered to pass in order &c
give operation to all the powers hereby vest
ed in them, and the said Mayor is hereby EN-
powered to impose fines for the breach ofsucf
bylaws and ordinances, and may enforce The
collection of same by bringing suit in tbs
name of the Mayor and Council before any
Justice OF the Peace in said county in the
same manner as small debts are recovered
provided, that there shall be no fine imposed
less than one dollar nor more than twenty
dollars
SEC 100. And be it enacted, That all law
relating to the corporation of Oakland con
f1icting or inconsistent with the provisions o
this act be and the same are hereby repealed
SEC. 1871. And be it enacted. That this &C
shall take effect from the date of its passage.
| Attest:
W. G. PURNELL,
5l3 Secretary.