The Republican., 1888-05-19
NEW ADVERTISEMENTS.
Public Local Law.
CII s.
AN ACT.

AN ACT.
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 ID enacted by the General
Assembly of Maryland, That section ten of
chapter two hundred and one, of the acts of
eighteen hundred and eighty-siX, entitled
IAN act to Incorporate the town of Deer Park,
Garrett county," be and the same is hereby
repealed and re- enacted to read as follows:
4 SECTION TO- And be it enacted, That the
Mayor and Common Council may provide by
lASdinance to preserve the health of the town;
10 prevent and remove nuisanceS ; to prevent,
restrain, and regulate the running at large OF
horses, cattle, swine and geese, within the
limitsof said town to prohibit and disperse
the tUmultuOuS or d1SOrderly meetings OF
idle, diisOlute or drunken persons; to provide
for worring and mending the public streets
and alleys of said town to provide for the
making and repairing of sidewalks and gut
ters andgenerally to provide FOR the regula-
tiOn, goOigoVernment and improvement OF
said town. may enforce the observance
thereof unoer such penalties. fines and for
fixtures as hey shall deem proper, not eX-
ceeding ten dollars for any one oHenSe; and
all fines, penalties and fOTieitureS may be re-
covered befOre a Justice OF the Peace by war
rant and judgment, and in case OF lallufe or
refusal to pay the same, the party so Hned
shall be committed for a period not exceeding
ten days, to theJail of Garrett county, in the
same manner tAat commitments are made
for fines imposedby the Circuit Courts of this
State on conviction of misdemeanOr, pro-
Vided that all theCXpenSeS of such commit
ment and Imprisonment shall be PAID by the
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 forfetures 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-
ment recovered, supesede and stay the same
for thirty days, by giving ample personal
security to the Justice of the Peace, and the
| fines and forfeitures imposed and collected by
any of the provisions of this act max be PAID
| by the Mayor and Common Council to the
| Bailiff as compensation for his services, or
! the said Mayor and Common Council may
make such other disposition said tiues and
| forleitures as they may deem best.
| SUBSECTION |. And be ii enacted, That the
| Mayor and Common Council shall 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
compensated, 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
aSseSSaDle property Wlth1n the toWn or Spe-
cially on the property of persons benefited,
the whole or any part of the damages and
expenses which Will be incurred in 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 Ordinanc rom time
to time necessary or proper TO the exercises Ol
the powers granted in this section; provided
that before they shall proceed to execute any
of the powers vested in them by TINS section,
at least thirty days notice snail De gwen oil
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 Den-
efitS 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 n 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 Shal'
grade the same.
SUB SECTION 2. And be it enacted, That if
any person shall feel aggrieVed by the decl-
sion of the commissioners appointed to lay
out such streets, alleys, or lanes, as to the
amount of damages allowed him or benefits
assessed against him, may appeal therelrom
at any time within thirty days after said COM
missonerS 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 un-
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 dock eted upon the trial docket
4 of the next succeeding term of said court, the
party taking said appeal to be dOcketed as
plaintiff, and said MaYorand Common Coun-
| Gil as defendant, and said party appellant
/ shall thereupOn be entitled TO 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
I 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
the Court to quash the proceedings upon the
motion of the appellant, for errors or omis-
sons rendering the same fatally defective !;
and upon the trial of said cause in said Cir
lclit Court either party may take bills OF eX-
leption to any rulings of said Court upon
matters of law arising in the progress of such
/. -ial, and either party appeal to the Court OF
( appeals of this State from any such ruling. or
/ fom the action of said court in quashing or
rfusing to quash such proceedings.
! SEC. 2. Aud be it enacted, That this Act
/ shall take effect from the date of its passage
| Approved February Sd, 1888.
| hereby certify the foregoing to be correct
copy of An Act of the General Assembly of
| Maryland, passed January session, 1888.
w. G. PURNELL,
I 5l9St Secretary of the Senate.