Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1898-05-27


and his return duly endorsed thereon
shall be evidence of the facts therein
stated.
21-The Mayor shall have all the pow
ers OF justice of the peace in criminal
cases where the town of Gaithersburg is
party; lie Shall have power to adminis-
ter oaths of Office to members of council
ana appointed or elected officers of the
town; he shall receive the same fees as
JUSTICES of the peace are allowed for SIM
liar service, and an appeal from his
judgment may be taken to the Circuit
Court of Montgomery county, which
court Shall hear and determine the mat
Tel 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 GaitheTsburg is party as
they now have In cases where the otate
of Maryland is party.
22- The bailiff shall nave 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 "a serving process for the viola.
ton of any ordinance of the corpora
ton the same fees as are allowed con sta.
VIC IOE Tic SluIldT e6TVlce6,
2S-All fines, penalties aud for FIXTURES
imposed by this charter or BY any ordi-
rance OF the council may be collected in
tne 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-rhe County Commissioners Of
Montgomery county shall annually pay
to the treasurer of the Town OF Gath
ersonrg that proportion of the total
amount levied for the repair of roads in
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 said county.
25-The council shall have the same
powers as the State Board of Health Of
this state. restricted, however, to the
limits of the town.
26-The council may appoint scaven-
ger, and prescribe his duties and fx his
compensation, which shall be paid BY
the council out of the general fund or
by special tax for that purpose, to be
imposed on the occupants of the respec-
tive buildings and collected as other
taxes are collected; provided, neverthe-
less, that the owner Or owners of prop
erty sh All be 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 from
I'M town, and may require of said scav-
enger bond for the faithful perform
ance of his duties; provided however.
that said special tax shall not exceed
forty cents per month on any house, to
he paid oy the owner or occupant there.
of, as aforesaid.
27-rhe council shall keep and aEnu-
ally publish or post tabular statement
OF the receipt and expenditures of the
tunHs OF the corporation and such other
matters connected with the govern ment
and regulations Of the town affairs as
they may deem necessary and proper.
% (a)- Whenever the council shall
by ordinance. provide for esta bl ish ing
any public park, or for establishing,
opening, widening, extending or alter
ing any street, avenue, alley, route for
sewer or water pipes, for construc ting
water works or for carrying out any
other powers granted by its charter, and
1t becomes necessary tn take private
property for such public use, just COM
pensatIon shall be paid 10 the owner or
owners thereof, which shall be ascer
tanned and assessed by six disinterested
com missi0ners, who shall be qualified
voters OF the town, and who shall be Sc
lecled by the Mayor; such proceedings
shall be conducted 10y the Mayor, or in
his absence or inability TO act, or in case
he be in crested then by some disinter-
ested member of the council designated
by him; and while in the discharge of
such duty the person conducting the
same shall have aud exercise the powers
OF the Circuit Court tor the preservation
OF order and enforcing process Issued in
the Course Vt the proceedings, and may
summon and compel the attendance OF
witnesses aud Jurors, preside at the in.
vestlgation, pass ON the competency OF
evidence, and instruct the commission
ers as to The law. (b) When any ordi
nance shall provide for taking private
property for any public use, it shall de-
scribe said property. The Mayor or
member OF the council designated, as
above provided, shall thereupon appoint
dav and place for impanelling the
commissioners TO ascertain the c0mpen'
SatiOn for the property to be taken, and
to make assess ments to pay for tie same
The town clerk shall then issue notice
under his hand and the seal of the town,
which shall give the names OF
the owners at the date of tue ordinance
of the property to be taken; shall state
the date aud purpose of the ordinance,
and shall state that their property will
be taken for the purpose specified in the
ordinance, and the com Inlssouers will
be impanelled to ascertain said cOmpen-
sation. and ON the day and at the place
fixed by the Mayor or member Of the
council. AS the case may be; said notice
shall be served by the bailItf by deliver
Ing to such owner n copy thereof or by
leaving such copy for such owner at his
usual place of abode with some member
of his family over the age of fifteen
years. Corporations shall be served with
such notice in like manner as with sum
mons in ordinary civil action. Ii ser
vice cannot be made on all OF any of the
parties aforesaid within the town the
return shall so state, and be prima facie
evidence OF the facts stated therein
Whereup0n said notice shall be pu bish :
ed once week for three weeks before
the day fr the sitting of said commits
soners in some newspaper having a
general circulation in Sail town; an atf-
davit OF the publisher of SAID notice
shall be evidence o: the facts: service of
the notice shall be made at least six days
oeiore the commissioners meet; it shall
be sufficient to bring in the owners of
aud all persons claiming any interest in
the property affected by such proceed
lngs, who may be the owners or be in-
terested therein at the time the ordi-
nance providing for the Improvement
takes effect, and all parties claiming or
holding t. rough or under such owners
or persons interested shall be bound bv
such proceedings lei The commits
sioners shall ascertain Ile just compen-
satlon TO be paid as follows: First, for
each piece of property taken, where the
public use thereof shall be such that the
town must have exclusive possession
hereof, the actual value of the property
taken; Sc ,ond, for each piece of proper
" taken, when the public use thereof
my be such that the town need only
have such possession and control as will
not wholly exclude tie possession and