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378 THE WHARF CASE.
much longer line of wharf, and thus 'conduce much to the advan-
tage of that part of Baltimore town ;' and that with a view to this,
and other advantages, the streets, lanes, and alleys, which had
been previously laid out over this ground, were to be altered and
laid out anew. And it appears that a large building had been
erected, and was then used as a market-house, and for other public
purposes, on a lot, not a part of the marshy ground, which had
been leased by Baltimore town. A recollection of the provisions
of these legislative enactments, is necessary to a correct under-
standing of that which follows.
In the year 1784, it was represented to the General Assembly,
that the then market-house of Baltimore was insufficient for the
use of the town; and that two convenient places might be had
for erecting market-houses, 'the one on that part of Baltimore
town commonly called Harrison's marsh, and the other to the
westward of the basin.' Whereupon it was enacted, that Samuel
Smith and others, 'or a major part of them, shall have full power
and authority by this act to build and erect a market-house on a
parcel of ground situate in the said town, opposite Harrison street,
beginning on Baltimore street, and running thence south, parallel
with Gay street, of the width of one hundred and fifty feet, to
Water street, with the privilege of extending the same to the
channel; and that the said market-house, when erected, and the
ground whereon the same shall be built, with the privilege afore-
said, shall be, and is hereby declared to be Tested in the commis-
sioners of Baltimore town, and their successors, forever, from and
Immediately after the said market-house shall be built and erected,
to hold, possess, and enjoy the same market-house, ground, and
privilege aforesaid, to and for the use and benefit of the said town,
in as full and ample manner as if the said commissioners had been
legally constituted a body politic and corporate in deed and in
name.'(k) And it was further declared in the same act, that the
commissioners of Baltimore town, as soon as convenient, 'after
the new market-house on the said marsh shall be extended and
built up, for the length of three hundred feet from Baltimore street,
to lay off the ground which was heretofore leased for the use of
the present market-house into convenient lots, and the same, to-
gether with the buildings thereon, set up and expose to public
sale to the highest bidder, under such conditions as they may
(k) 1784, ch. 62, s. 2.
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