Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1898-06-03

judgment mGy De taken 10 the ClTtuiL |
Court OF Montgomery county, which |
court shall hear and determine the mat |
ter as upon appeal from justice OF the
peace; provided, however, that the jus.
tices Of the peace residing in said town
shall have the same power to hear, try
and determine all criminal cases where
the town Of Gsithersburg 10 q party as
they now have IN cases where the State
of Maryland ia \ party.
22-The bailiff shall have the same
fees for making distress or levying exc
cutions as are allowed for like services
by the laws OF the State. and for making
arrests o, serving process for the viola.
ton Of any ordinance Of the corpora
ton the same fees rs are allowed cOnsta-
BILE for tile similar services
23-All fines, penalties and forfeitures
imposed by this charter or by any ordi.
Dance OF the council may be collected In
the name Of the Town Of GAithersburg
before the Mayor or any justice Of the
peace, In the same manner as small
debts are collected, and the delinquent
shall be committed to the town lock up
or county jail until the same is paid
with costs.
N-The County Commissioners OF
MONTGOMERY county shall annually pay
to the treasurer Of the Town OF Gath
ers6urg that proportion OF the total
amount levied for the repair of roads 10
said county which the total amount Of
property assessed within said town bears
TO the total amount OF property assessed
in said county according to the tax
books of sal county.
25-The council shall have the same
powers rs the State Board OF Health OF
tins State, restricted, however, to the
limits Of the town.
S6-The council may appoint q scaven-
ger, and prescribe his duties and ok his
compensation, which shall be paid by
the council out 0f the general fund or
by special tax for thai purpose, to be
imposed on the occupants Of The respec-
tive buildings and collected AZ other
taxes are collected; provided. nsverLhe-
less, that the owner or owners of prop
erty sh III b. responsible for said tax in
Case the same cannot be collected from
the occupants thereof; and the council
may pass suitable ordinances TO enable
said scavenger 10 remove all filth IRON
thu town, and may require of said scav-
enger bond for the faithful perform.
ance of his uuties; provided however.
that said special tax shall not exceed
forty cents per month on any house, IT,
be paid by the owner or occupant there
OF, Ms aforesaid.
u - 4 he council shall keep and ANU.
ally publish or post a tabular statement
OF the receipt and expenditures OF thu
fun OF the corporation aud such other
matters connected with the g0verumep,
aud regulations of the town affsirs ~
they may deem necessary and proper.
% (a) Whenever the council shall
by ordinance, provide for csta blish ing
any public park, or for establishing
opening, widening, extending ur alter
lnK any street. avenue, alley, route fOI
sewer or water pipes, foI constructing
water works OF for carrying out am
otter powers granted by,its chartur. and
IL becomes necessary 10 take prlvdle
property tor such public use, jusl CON.
pen satioh shall be- paid 10 the owner or
owners thereof, which shall be A,cer
tained and assessed by SIX dlsInL, rested
com nlissiOners, who shall be 0ualifieu
voters Ot the town, aud VINO all be Sc
lected by The Mayor; SUCH proceedings
shall 10 conducted ny the Mayor, or In
his abseuce Or NAB lity W act, or in case
he be interested then by some disinter.
ested member OF the council designated
by HIM; aud while in the discharge of
such duty the person conducting The
same shsil have and exercise the powers
OF the Circuit Court tor the preservation
OF order and enforcing process issueL in
The course VI the proceedings, and maj
summon and compel the attendance OF
witnesses aud Jurors, preside at the in.
Vestlgation, pass on the competency oil
evidence, and instruct the Commission.
eTs AS to The law. 10Y Whea amy ordi.
nance shall provide for taking priv ate
nfnnAFlN iR Il An.
scribe said property. The MaVcr Or
member OF the council designated, as
above provided, shall therenpon appoint
day aud place for iuIpanelling the
comm ls5IOneIs 10 ascertain tue com pen
satIOn Tor the proper " TO b. taken, and
10 make 4sJcss oaents 10 pay for tie same
The town Clerk shall then issue notice
Huder MIA hand and the seal of the town,
which shall give the names of
thS owners at the date OF tue ordinance
Of the property to be taken; shall slate
the dale Auu purpose OF the ordinance.
and shall state that their property will
be taken for the purpose specified in the
0rdinance, and the commissioners will
be Unparalleled 10 ascertain said compen.
sation. and on the lay and a. the place
fixed by the Mayor or member VI the
council. rs the Case may be; said notice
shall be served by tue Oainf BY denver
Ing u such owner n copy thereof or b,
leaving such copy for such owner AZ uIs
usual place Of abode WITH some mem oer
Of his family over the age OF fifteen
years. Corporations shall BIZ served with
such notice in like manner AZ with SUN.
mons in ordinary civil action. Ii ser
vice cannot be made on all OF any of the
parties aforesaid within tine town the
return shall 50 state, aud ~ prima iacie
eviueDce OF the facts stated therein
Whereupon said notice shall be publish
cd once week for three weeks before
the day for the sitting OF said commis.
sioners in some newspaper having
generA circulation IN Sal town; An atfi
davit Ol the publisher OF SAID notice
shall be evidence OF the facts: service of
the notice shall 10 made ~ 10 .sL six DAYS
Oelorc cue commissioners meet; IL sh III
DO sufficient ~ bring IN lie owners of
and all persons claiming any Interest in
tbs property affected by suou proceed.
ings, who may be the owners or be in
tcrested therein AT the time The ordi.
nance providing for the Improvement
taxes enect, and all parties ciaiminx or
holding rough or under such owners
OF persons Interested SHAH be bound Nv
such proceedings lei The cOmmi
sloners shall ascertain t..e just compeu-
sation W De paid as follows: Fist. tor
each piece OF property taken, where the
public USE thereof shall 10 such TINT I'M.
town must have exclusive posses ,Io,,
thereof, the actuai value of tue property
taken; 30 ,ond, for each piece Of proper
" taken, when the public use thereof
may be such that the town need ONLY
have such Possession and control az will
not wloliy exclude tue possession and
beneficial use thereof by the owner. ,h.
actual daIndSe from the public use s,,e,
lned la Ihe ordnance. To pay sucn
compensation, the com m fasteners shsIi
assess against the town the amount ~
benefit b t 20 the town and public generally.
Parties interested may submit evidsnca
TO the commissioners, aud tina lst'.r
shall examine personally the propertv ~
be taken aud assessed. The party ow~,
ing any property taken, may remove Snv
the Cnm IN iaaiOnara shall ha - 1900 VI