The Republican. [volume] (Oakland, Md.) 1877-current, 1888-05-26
JOHN HARMED,
GEO. ID. WHITE,
VIM. CASTEEL,
Examiners.
Public Local Law.
CHAPTER s.

To repeal section ten of chapter two hundred
and one, of the acts of eighteen hundred
and eighty-siX, entitled An act to incor-
porate the town of Deer Park, in Garrett
county, and to re-enact the same with
amendments, and to add additional sections
thereto to be known as sub-SectionS one and
two. respectively.
SECTION |. Be it enacted by the General
of Maryland, That section ten of
chapter two hundred and one, of the acts of
eighteen hundred and eighty six, entitled
An act to incorporate the town of Deer Park:
repealed and re-enacted to read as follows:
SECTION 10. And be it enacted, That the
Mayor and Common Council may provide by
ordinance to preserve the health of the town.
to prevent and remove nuiSances to prevent,
restrain and regula tie the running at large OF
horses cattle, swine and geese, within the
limits of said town; to prohibit and dispense
the tumultuous or disorderly meetings of
idle, disSout or drunken persons; to provide
for working and mending the public streets
and alleys of said town; to provide for the
making and repairing of sidewalks and gut
tiers and generally to provide for the regula-
ton, good government and improvement OF
said town, and may enforce the observance
thereof under such penalties, fines and for
FIXTURES as they shall deem proper not eX-
ceeding ten dollars for any one ohense; and
all fines, penalties and forfeitures may be re-
covered before Justice OF the Peace by war;
rant and Judgment, and in case of failure or
refusal to pay the same, the party so fined
shall be committed for period not exceeding
ten days, to the Jail of Garrett county, in the
same manner that commitments are made
for fines imposed by the Circuit Courts of this
state on conviction of misdemeanor, pro-
vided that all the expenses of such commit
ment and Imprisonment snail be palu by tne
Mayor and Common Council of Deer Park;
but said Mayor and Common Council, or
majority of them, shall have power at all
times to remit or release the fines, penalties
and forfeitures or any part thereof, at their
discretion but any party fined, or subject to
any fine or forfeiture, may within five days
after the same shall be imposed and judg-
mont recovered SUDprSpQe and St1V the same
for thirty days, by giving ample personal
security to the Justice of the Peace, and the
fines and forfetures imposed and collected by
any of the provisions of this act MAY be paid
by the Mayor and Common Council to the
Bailitf as compensation for his services, or
the said Mayor and Common Council may
make such other disposition said fines and
forfeitures as they may deem best.
SUBSECTION |. And be it enacted, That the
Mayor and Common Council snail have power
to provide by ordinance for the laying out,
opening widening, Strengthening, extending
or closing OF any street, alley or lane in said
town, or of any proposed street, alley or lane
in said town, which in their judgment the
public welfare or convenience may require,
to provide for ascertaining whether any and
what amount in value in damage will be
caused thereby, for which the owner or pos
SCISSOR of any property through which said
street, alley or lane may pass ought to be
ompensated, by the appointment of COM
missioners the number of whom to be deter
mined by said Mayor and Common Council,
to assess the same; to provide for assessing
and leVying either, generally or the whole
aSSeSSable property within the tOWlI, or Spe-
cially on the property of persons benefited,
the whole or any part of the damages and
expenses which will be incuredin laying out,
opening widening, Strengthening, extending
or closing of any street, alley or lane, or
grading the same to provide for collecting
and paying the compensation awarded to any
person before any street shall be opened laid
out, widened, Strengthened, extended, or
closed, and to enact all ordinances from time
to time necessary OF. proper to the exercises Of
the powers granted in this section; provided
that before they shall proceed to execute any
of the powers vested in them by this section,
at least thirty days notice shall be given of
any application which may be made for the
passage of any such ordinance by advertise
ment in two newspapers printed in Garrett
county: and provided further that upon the
return of any ass ssment of damages or ben
eiltS or both, made under any ordinance pas
sed under this section, the clerk of said town
shall cause a copy thereof to be published
once week, for four successive weeks, in at
least two newspapers printed in said county;
and provided further that whenever the said
Mayor and Common Council open, lay out,
widen or extend any street, lane, or alley,
they shall establish the grade thereof and "
in their judgment proper SO to do, they shaln
grade the same.
SUB-SECTIoN2. And be it enacted, That If
any person shall feel aggrieved by the deci-
sion of the commissioners appointed to Law
out such streets, alleys, or lanes as 10 the
amount of damages allowed him or benefits
assessed against him, may appeal therefrom
NJ any Illle Wltnln thirty days aIJer SAID COM
missioners shall have made their return to
the Circuit Court for Garrett county, which
said appeal shall be taken by filing written
notice thereof with the clerk of said Common
Council, who shall thereupon without I'M
necessary delay, transmit to said Circuit
Court a record of the proceedings of said
Mayor and Common Council, and of said
street commissioners in said matter, and said
appeal shall be docketed upon the trial docket
of the next succeeding term of said court, the
party taking said appeal to be docketed as
plaintiff, and said MaYorand Common Coun-
ell as defendant and said party appellant
shall thereupon be entitled TO a Jury trial to
assess the amount of damages payable to, or
amount of benefits chargable against him as
the case may be, and the amount assessed as
such damages or benefits by said jury shall
stand in the place and stead of the assess
ment thereof by said commissioners, and
upon said appeal it shall be competent for
motion of the appellant, for errors or omis-
sions rendering the same fatally defective;
and upon the trial of said cause In said Cir
cult Court either party may take bills ofeX-
ception to any rulings of said Court upon
matters of law arising in the progress of such
trial, and either party appeal to the Court of
Appeals of this State from any such ruling, OF
from the action of said court in quashing or
refusing to quash such proceedings.
SEC. g And be it enacted, That this Act
shall take effect from the date of it's passage.
Approved February 3D., 1888.
hereby certify the foregoing to be correct
copy of An Act of the General Assembly of
Maryland, passed January session, 1883,
w. PURNELL,
y "a nj fha IN