The Republican. [volume] (Oakland, Md.) 1877-current, 1962-10-11
1862

PROCLAMATION OF THE COVER
NOR OF MARYLAND DIRECTING
THE PUBLICATIONS OF BILLS
PROPOSING AMENDMENTS TO
THE CONSTITUTIONS OF THE
STATE OF MARYLAND.
WHEREAS, at its regular session of
1861 the General Assembly enacted
Chapter 329 proposing an amendment TO
the State Constitution, and
WHEREAS, at its regular session of
1862 the General Assembly enacted
Chapters 6, 100, 1l2 and l21, proposing
amendments to the State Constitution,
and
WHEREAS, it is the duty of the
Governor. under Section l of Article
XIV of the Constitution to order publ
cation of the bills proposing said amend
ments in advance of the General Election
of November 8, 1862, and
WHEREAS, there will be presented
on the ballot at said election the follow
ing proposed amendments to the Consti-
tuition for adoption or rejection by the
voters;
CHAPTER 329
AN ACT to propose an amendment to
Section 40A OF Article III of the
Constitution of the State Of Maryland,
title Legislative Department chang
ing the procedure for the immediate
taking of property under certain cir
cumstances in Baltimore City, AND
PROVIDING FOR THE CONTINU-
ALTON OF THE PRESENT PRO
CEDURE FOR TAKING OF PROP
ERIG FOX A eek AIN PEElOD,
and providing Tor the submission oil
the amendment to the qualified voters
of the State of Maryland for adoption
or rejection.
SEcrioN /. Be it enacted BY the Cen
eral assembly of Maryland, three
ffths of all the members of each of the
two houses concurring1, mat the follow
ing amendment be and the same IS mere
III of the Constitution. OF the state OF
Maryland, the same, if adopted by the
legal and qualified voters OF the state,
as herewith provided, to become Section
4oA, of Article III OF the Constitution
of the State Of Maryland
act no . law authorizing private property
to be taken for public use without just
compensation, to be agreed upon between
the parties, or awarded by jury, being
hrSt paid or rendered 10 the party en-
titled to such compensation, but where
such property IS situated IN baltiil0re
City and IS desired by TINS state or ny
the Mayor and City Council OF Baltl-
more, the General Assembly may provide
lfor the appointment OF appraisers by
Court of Record TO value such property,
and that, upon payment OF the amount
vi sum NdllAdtlOll u tlle POI y '4''''NNt ~
compensation, or into Court and securing
the payment of any further sum that
may be awarded by jury, such property
may be taken.l That Shch properly may
be taken immediately upon payment
therefor to the o50Her or o1therS thereof
by the State or by the Mayor and CITY
Council Of baltimore, or lIifo coWt, SHth
amount as the State or the Mayor and
City Council of Baltimore, as the case
may De, shall estimate 10 De me IdT
zGlne of SAID properly, ProVided Shch
legislation also requires the payment 81
any further sum that may Sn6Se9MentIy
be added by tWyi AND x II EK
PROVIDED THAT THE AUIHOR-
ITY AND PROCEDURE FOX HE
IMMEDIATE TAKING or PROPEk,
TY AS IT APPLlkS ~ HE
tMA1OR AND I'll COCNClL "
BALTIMORE on JUNE i, iS6I;,
SHALL REMAIN IN FORGE AND
EFFECT TO AND INCLUDING
JUNE /, 1868, and where such property
is situated in Baltimore County and IS
desired by Baltimore County, Maryland,
the County Council OF Baltimore county,
Maryland, may provide tor the appoint
ment of an appraiser or appraisers by a
Court of Record to value such property
and that upon payment OF the amount OF
such evaluation, TO the party entitled TO
compensation, or into Court, and secur-
ing the payment OF any further sum
that may be awarded by jury, such
property may be taken; and where such
property is situated IN Montgomery
County and in the Judgment OF and upon
a finding by the County Council OF sad
County that there IS immediate need
therefor for right OF way for County
roads or streets, the County Council may
provide that such property may be taken
Immediately upon payment therefor to
the owner or owners thereof, or into
court, such amount as an appraiser APP