The Republican. [volume] (Oakland, Md.) 1877-current, 1888-06-02
Public Local Law,
CHAPTER s,


10 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
amendments, and to add additional sections
thereto to be known as sub-sections one and
two. respectively.
Assembly 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,
Garrett county" be and the same is hereby
repealed and re-enacted to read as follows: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 andremOVe nuiSances ; to prevent
restrain, and regulate the running at large of
horses, cattle, swine and geese, within the
limits of said town to prohibit and disperse
the tumultuous or disorderly meetings of
idle, dissolute 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 regua-
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 offense; and
all fines, penalties and forfeitures may be re-
covered before a 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 impriSOn ment shall be paid by the
! Mayor and Common Council of Deer Park;
| but said Mayor and Common Council, or a
| 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-
ment recovered, supersede and stay the same
for thirty days, by giving ample personal
| fines and forfeitures imposed and collected by
| any of the provisions of this act MAJ be paid
| by the Mayor and Common Council to the
| Ballitf as compensation tor 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 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 ascertainlng whether any ana
| 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
miSSOnerS, 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 town, 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 olecting
| 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 or 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
efits or both, made under any ordinance pas
| sed under this section, the clerk of said town
| shall cause copy thereof to be published
| once a 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 4
| in their Judgment proper so to do, they shall
| grade the same.
SUB-SECTIoN2 2. And be it enacted, That If
any person shall feel aggrieved by the deci-
sion of the commissioners appointed to lay
out such streets, alleys, or lanes, as 10 the
| amount of damages allowed him or benefits
assessed against him, may appeal therefrona
at any time within thirty days after said COM
| 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 docke ted upon the trial dock ct
of the next succeeding term of said court, the
party taking said appeal to be docketed as
plaintiff, and said Mayor and Common Coun-
| Gil as defendant, and said party appellant
shall thereupon be entitled to a jury trial to
assess the amount of damages payable to, OF
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 1t shall be competent for
| the Court TO quash the proceedings upon the
motion of the appellant, for errors or oms-
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, or
| from the action of said court in quashing or
refusing to quash such proceedings.
| SEC. .. And be it enacted That this Act
shall take effect from the date of its passage.
Approved February Sd, 1883.
thereby certify the foregoing TO be correct
copy of An Act of the General Assembly of
Maryland, passed January session, 1885
w. G. PURNELL,
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