III. AND BE IT ENACTED, That upon the application
of the mayor of the said city, (he being
duly authorised by the city council of said city to make applications of
such nature,) it shall and
may be lawful for any justice of the peace for the county of Baltimore,
from time to time, to issue
his warrant to any surveyor of said county, to survey and plot any such
land or parcel of ground,
and any such spring, brook, water or water-course, and every such tract
or way through any lands or
grounds for the conveying of any stream or streams of water into the said
city, as shall be shewn to
him by the said mayor, and it shall be thereupon the duty of said surveyor
to proceed to make a
correct survey and plot thereof, and the same, when finished, to deliver
to the mayor of the said
city, with a certificate and explanation thereof.
IV. AND BE IT ENACTED, That if the mayor and
city council of Baltimore shall make any agreement,
bargain or contract, with the owner or owners of, (as the case may be,)
or the person or persons
solely or jointly interested, in possession, remainder of reversion, in
any such land, real estate,
spring, brook, water or water-course, which they may conceive expedient
or necessary to purchase
and hold for the purpose of introducing water into the said city, or
with the owner or owners, (as
the case may be,) or the person or persons solely or jointly interested
in possession, reversion or remainder,
in any such grounds through which they may be desirous of conveying the
said water into
the said city, and for any right to enter and pass through the same,
dig canals in, and lay or repair
pipes therein, touching or concerning the purchase money to be paid, or
recompence to be made to
him, them, or any of them respectively, then and in such case, such agreement,
bargain or contract,
shall be reduced to writing, specifying and declaring that the said land
or real estate, and the said
spring, brook, water or water-course, thus purchased as aforesaid by the
said mayor and city council,
for the purpose of introducing water into the said city, and the said grounds
through which a right
as aforesaid shall by said mayor and city council be purchased,, to pass
and dig canals in, and lay or
repair pipes therein, for the purpose of conveying the said water into
said city, shall be held, used,
occupied and enjoyed, by the said mayor and city council of Baltimore,
according to the true intent
and meaning of this act, and such contract shall be annexed to the plot
and certificate to which it
refers, and with such plot and certificate shall be delivered to the clerk
of Baltimore county court
whose duty it shall be to record the same, at the expence of the said corporation,
and the same, or a
true copy thereof, certified under the hand and seal of office of said
clerk, shall be received as good
evidence in any court of law or equity, to every intent and purpose to
which the same may appertain
or refer.
V. AND BE IT ENACTED, That if the mayor and
city council aforesaid shall not be able to agree
with the proprietor or proprietors as aforesaid for the purchase or lease
of such land, real estate,
spring, brook, water or water-course as aforesaid, which they may deem
expedient to purchase and
hold as aforesaid for the purpose of introducing water into the said city,
or for the right to enter
and pass through, to use and occupy, such other grounds as aforesaid, through
which they may deem
expedient to convey the said water into the said city, or if there by any
incapacity or disability in
the owner or owners of such lands, real estate, spring, brook, water
or water-course aforesaid,
which the said mayor and city council may conceive expedient and necessary
to purchase and hold as
aforesaid, or in the owner or owners of such grounds through which the
said mayor and city council
may deem it expedient to have a right of entry and passage as aforesaid,
for the purpose of conveying
the said water into the said city as aforesaid, or if such owner or owners
shall be absent out
of the state, or unknown, it shall and may be lawful, on the application
of the said mayor, for the
chief justice of that judiciary district of Maryland wherein the city of
Baltimore is or may be hereafter
situated, to issue his warrants to the sheriffs of Prince-George's and
Frederick counties,
commanding and directing them respectively to summon from each of their
respective counties,
a jury of fifteen freeholders, inhabitants of their respective counties,
not related to the owner
or owners, or persons interested as aforesaid in the said real estate,
spring, brook, water or water-course,
which the said mayor and city council may deem expedient to purchase and
hold for
the purpose of introducing water as aforesaid into the said city, or to
the owner or owners, or
persons interested in the ground or grounds as aforesaid through which
the said mayor and city
council may be desirous to purchase a right of entry and way as aforesaid,
for the purpose
of conveying the said water into the said city, to meet and appear on the
premises which are
to be valued, and such valuation shall be begun to be made by them on such
day, as in such warrant
shall be appointed, of which five days previous notice shall be given by
the said mayor to
every owner or person interested as aforesaid, or if any infant or lunatic,
or femme covert, to his
or her guardian or husband, or in either case left at his or her last place
of abode, or if out of
the state, or unknown, such notice shall be published not less than eight
weeks successively, in
some one or more of the Baltimore news-papers, and from the pannels of
jurors so returned and attending, |
CHAP.
LXXVII.
On application,
justice may issue
his warrant,
&c.
Any agreement,
&c. to
be reduced to
writing, &c.
If not able to
agree, chief
justice may issue
his warrants,
&c. |