Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1890-04-05

| demning such property
SEC. il. Aud be it enacted That if, at the
time named IN said summons, anv of said
Jurors summoned do not attend the sheriff
shall Immediately summon as many jurors as
! may be necessary, with the jurors in attend
ance, to make up the full number of twenty
jurors, and from them each party, or his
agent, or If either be not present, in per-
son or by agent the sheriff for him. may
strike off four jurors, and the remaining
twelve jurors shall act as a jury of in
quest of damages; and the sheriff shall, be-
fore the jury shall proceed to act, administer
to each of them an oath that they will justly
and impartially value the damages which the
owner has sustained by the use or occupa-
ton of the property required for the purposes
| of this Act.
SEC 12 And be il cnacted, That the jury
! shall have power to summon such witnesses
as the party may require and examine them
on oath in relation to the value of the prop
erty to be condemned, and having viewed
| the said property and heard said testl-
mony, they shall, without delay ascertain
and determine the compensation which
| ought to be made to the party owning or be
Ing ing Interested in said property to be condemn
ed, and shall thereupon, reduce Their
inquisition to writing and sign and seal
the same; and it shall then be return
| ed by the Sheriff to the Clerk of the Cir
cult Court for Allegany County, shall be filed
by the Clerk of said Court and shall be con-
| tirmed by the SAID Court at the term next
succeeding the filing thereof with said Clerk,
unless sufficient cause to the contrary be
| shown, and when confirmed, shall be record
| ed by said Clerk at the cost of the Mayor and
Councilmen of Frostburg; and if any oblec.
| tons be filed to such confirmation, they shall
| stand for hearing within the first ten days of
| the first term of the Court after said inquisl-
| ton is returned and if said inquisition is set
aside. said Court may direct another inquis-
| ltiOn to issue, as is practlced IN other con-
| demnatiOn cases.
| SEC l3. .iud be IL e1tacted, That every such
inquisition shall describe the property taken,
| and the bounds ofthe lands condemned, and
| the quantity or duration of the interest con-
| demned and such valuation, when paid or
rendered to the owner of said property or his
attorney, shall entitle said Mayor and Coun-
| cilmen to the estate and property so valued as
| fully as if the same had been conveyed by the
| owner thereof.
SEC. IA. and be il e,,acted, That said Water
Board are hereby authorized and empowered
to do all acts necessary and proper to the
carrying out Of the provisions of this Act
whether such powers are specially herein
mentioned or not and the said Mayor and
Councimen of Frostburg are hereby au-
thoriZed and empowered to pass all ordinances
necessary and proper to enable the said Water
Board to carry out the provisions hereof, and
any corporation owning any rights, privileges,
property or franchise necessary or proper to
he purchased by said Mayor and Councilmen.
authorized and empowered to sell and dispose
of, grant and convey such rights privileges,
property or franchise to said Mayor and
Councilman of Irostburg.
SEC. Is. Ind be IL endcted, That it shall be
unlawful for any person or persons to will
fully pollute any stream, spring, brook, res
erVoir or Water-cOurSe, or other source or
any means of water supply of said Town,
through the works so built, erected or inn
proved by the said Water Board under this
A I1,tl, 81, Il ,,l tl,.,y
impure substance into the same, or by swim
ming, bathing or washing themselves, or by
washing clothes, or the skins ofdead animals
or any other impure thing therein, or by
committing any nuisance in or so near said
water as to pDlute the same; and it shall also
| be unlawful for any person, designedly, to
| njure the said wafer works or any part there
| OF. or to obstruct the passage of water therein;
! and it shall. further be unlawful for any
/ person not being water renter at the time, to
meddle with the wafer works, or with the
| pipes hydrants or other parts thereof; and
any person offending against any of the pro-
visions of this section shall be liable to a fine
! of not less than five nor more than fifty dol
| lars, for each offence to be recovered by the
| Mayor and Councilmen of the said Town be-
| fore Il Justice of the Peace, other fines
are recoverable.
Sec. l6. .ind be IL eHdcted, That the title to
said Water Works and all lands, estates,
water courses, wafer wayS, conduit-pipes,
machinery and all other part OF parts there
of whatsoever, and all property belonging
and pertaining thereto, shall, on the com
plation thereof, vest in the Mayor aud Coun-
| c!mGn Gf Frestburg.
SEC II. ana he il cBacted, That the said
Water Board shall have full control over the
said Water Works, with authority to employ
such SuperintendentS, workmen, servants and
other employees as may be necessary or prop
er to carry on the same, and to purchase all
| supplies and materials needed in conducting
he same, and with authority to provide
rules and regulations for supplying the cit-
zeps of said Town with water and to fix and
| establish from time to time schedule OF rates
| and charges to be made and collected for the
Use of SAID water, and the Bailff' shall as in
case of other taxes, collect said charges which
are hereby made lien on the real estate upon
| which said water is furnished) and pay over
| the same to the Mayor and Councimen, who
may ALLOW him thereforsuch additional com
| pensation as they shall deem reasonable; and
all moneys derived from this source shall he
held by the said Mayor and Goupcilmen for
thepurposes of this Act, and used by them for
no other purpose and out of the moneys SO
collected the said Water Board shall provide
! for the payment of the expense of running
| said Water Works; and all suits or actions for
| injury OF damage to said Works, or for the
collection OF water rents, shall be brought in
the name of the Mayor and QQuncilmen of
| FrOstburg; and the said Water Board are befe-
| by authorized to make suitable provisions for
! the protection of the property i'll said Town
| from fire, by providing a suitable number of
| lire-piugs or public hydrants, properly adapt
| ed to the purpose and conveniently situated
| for use.
SEC. Is. Ind be il enacted, That the said
/ Mayor and Councilmen are hereby required
| to keep an accurate account of their re-
| ceipts and disbursements in conducting said
| Water Works; and if, at tho end Of any fiscal
wear, there shall remain IN their hands .
surplus of receipts after paying all expenses,
such surplus shall be paid into the Treasury of
said Town for the purposes of this Act; and
| if there shall, in any year or years. be Il de-
! tiCienCy, or failure of receipts to meet eX-
| penseS, the Mayor and C0uncilmen of said
| Town are hereby authorized directed and re-
/ qured to levy Il special tax, not exceeding iif-
| teen cents ON one hundred dollars, as other
! ia NeS are now levied, upon the asseSsable prop
! crty of said Town, and TO collect the same as
! other taxes are now collected, for the purpose
of meeting such contingency.
SEC 10, dHd BE- il enacted, That ii shall be
| the duty of the Mayor and Councilman Of
| Frostburg, at the next regular election for
! Mayor and COuncilmen succeeding the pass
age of this Act to submit to the qualified yo-
| tiers ofSaid Town the question as to whether or
not Water Works shall be purchased or con-
strllcted for said Town under this Act; and at
such election, the ballots cast upon said
! question shall haNe the words, "FQr Water
| Works or against Water Works. as the
voters shall desire; and if a majority Of the
| votes, cast upon said question, shall he "FQF
/ Water Works." then the Mayor and Counoii-
men Of said TQWn shall proceed without delay,
! to execute the powhrs, vested in them by the
provisions of this Act but ii a ma ajority Of the
| votes cast upon this said question, shall bp
"Against Water Works" then the said May