Year: 1866

AN ACT to amend an Act entitled, an Act to


make certain Improvements in the vicinity OF


the State Live Stock Scales in Baltimore coun-


ty, passed at January session, eighteen huD-


dred and sixty-four, chapter twenty-three, by


enlarging the powers and duties of the Com


missioners therein named =.


Section. l. Be 1t enacted by The General ASSEM-
biy Of Maryland, That John s. Berry, John Slack
and Carey McCelland, Commissioiels appointed
under the act of eighteen hundred and sixty-four
chapter twenty three shall have power 10 locate,
superintend and complete the erection of a suita-
BILE bridge over Gwynn's Run where BALTIC. street,
of the city of Baltimore, if extended, would pass
said stream, and to enter upon, locate condemn
and open the road leading from the termination
of Baltimore street, in the direct line thereof to
the Garrison Forest Road running between the
Calyerton Turnpike Road and the Baltimore and
Frederick Turnpike Road, aud 10 change the
grade of said road. to be condemned and open,
and to gravel curb and pave the same and al
SO TO change the grade of the Calverton Turnpike
Raod where it crosses Gwynns Run proUided,
that the written consent of the owners of said
Calverton Turnpike to any proposed change OF
grade of said road shall be first obtained.


Sec. 2. And be ii enacted, That so much Of the
section second, of the aforesaid original act, as
declars that no allowance shall be made to any
of the property holders for any land required for
the bed OF said street road, or for any material
on, adjacent TO, or in the vicinity of the line of
said street or road, be and the same is hereby
repealed


ers, or a majority of them, shall have power to
condemn any land required for the bed ofthe said
street or road, and also TO condemn and take
away any material on, adjacent to, or i'll the vi
cinity of the line Of said street or road that may
be required for the construction of said bridge
or the grading and construction of the bed of said
street or road and shall have power 10 assess and
value the damages sustained by the owners of the
lands over which the said road is to be located,
or from which the said material may be taken,
taking into consideration the benefits or advan-
tages Of said road as the case may be, to such
owners; this section not to be construed to inter-
fere with the. proviso in the fourth section.


Sec A.. Ind be 1t enacted That the said Com
missoners shall after having the whole
amount of damages as aforesaid, and the aggre-
gate of the cost, according to the contracts en-
tered into, for building said bridge and grading,
curbing and paving said road as provided in the
second section of said act, and after having adj
ded thereto, an estimate made by them OF the pro-
hable amount of expenses to be incurred in the
performance of the duties herein required fthem,
shall proceed to assess and apportion the cost of
said improvements damages and expenses in the



ing TO the building Of the bridge to be paid by
the State of Maryland, and also, one-halt of the
additional expenses for grading, curbing, paving
of said street or road, and for which purpose the
sum of five thousand dollars or so much thereof
as may be necessary, is hereby appropriated, and
the other part to he paid by the owners of prop
ery on the line Of said road or within the county,
and adjacent thereto in the city of Baltimore,
the owners of which the said commissioners shall
adiudge 10 be benefited by said improvements,
apportioning them in just proportion, according
to the value of the benefit which in the estima-
ton of said commissioners will accrue to each OF
said owners, and the survey, plat and assessment IS
of damages, and benefits, when comp leted shall be
returned TO the County Commissioners of Balti-
more county, and any persons deeming themselves
aggrieved by said return and proceedings, shall
have hearing before the County Commissioners,
on day to be named by said County Commis-
sioners of which place and Itime, official notice
shall be given TO any such aggrieved parties, by
Clerk Of the Commissioners, at least one week
before the day of meeting of the commissioners,
and the said County Commissioners shall have
power ro increase or diminish the assessment of
damages or benefits according to their judgement
upon hearing, and then proceed TO ratify and
confirm said return, and cause the same to be fill
ed for record, among the public records of Balti-
more county, in the Office OF the Clerk of the Cir
cult Court for said county.


Sec. 5. 4,,d be II enacted That any person who
may be dissatisfied with said return, may within
twenty days after the filing Of said corrected
plots and assessment, appeal from said decision
to the Circuit Court for Baltimore county, who
shall have power to review the same and the par
ties appealing shall have the right of jury trial.
and the court is hereby authorized and directed
to hear said appeal within thirty days after the
expiration of the time limited for said appeal as
above stated and finally adjudge and decide the
same.


Sec. 6 Ind be enacted, That if no appeal shall
have been taken within the time. limited in the
aforegoing then Immediately after said limited
time or Immediately after said decision of an ap-
peal shall have been made TO the Commissioners,
they shall proceed forthwith 70 notify the parties
assessed for benefits of the several sums assess
ed, and if the same benot paid within thirty days
thereafter, they shall proceed to sell the SPECIFIC
lots or parcels ofland aud premises on which such
assessment shall remain unpaid aud on receipt oil
the whole purchase money, shall execute good
deed in the law TO the purchaser or purchasers
for said property so assessed, and after deduct
ing the costs of sale, advertising and other expen
ses, they shall pay over the balance after deduct
ING the amount of assessment on said property,
to The person or persons entitled thereto on de-
mand without interest.


Sec. Z. Aad be ii enacted That the said Com
missioners shall have power to retain counsel and
employ such clerical assistance rs may be abso-
lutely required for the prompt securenent oil the
objects contemplated in this act the necessary
and reasonable expenses whereof, shall be includ-
ed i'm their estimates of the cost OF work to bc ap
portioned as hereinbefore directed.


Sec. 8. And be IL enacted, That this act shal
take effect from the date OF its passage.