CHAP.
LXXVII.
If jurymen do
not appear, others
shall be
summoned, &c.
Jury to allow
additional compensation,
&c.
On payment,
&c. right vested,
&c. |
it shall be lawful for the persons, a condemnation of whose land may
be desired, and for the
mayor and city council, alternately to strike off a juror, until the number
of jurors be reduced to
twelve, the persons, a condemnation of whose land is claimed, beginning
to strike off as aforesaid;
and in case either party shall refuse or neglect to strike off the names
of jurors, then it shall be lawful
for the sheriff, or his deputy, who shall attend as hereafter directed,
to strike off jurors for the
party so refusing, until the number of jurors remaining be reduced to twelve
as aforesaid; and it
shall be the duty of the twelve jurors so remaining to inquire into, assess
and ascertain, the sum or
sums of money to be paid by the said mayor and city council for the land,
real estate, spring, brook,
water or water-course, which they may be desirous to purchase and hold
for the purpose aforesaid,
and also the sum or sums of money to be paid by the said mayor and city
council for the right to enter
and pass, dig canals, and lay pipes as aforesaid, in any other lands as
aforesaid, through which the
said mayor and city council may think expedient to conduct the said
water into the said city as
aforesaid, according to the marks, bounds, courses and distances, described
in the plot aforesaid of
the survey aforesaid, having regard to all circumstances of convenience,
advantage and situation,
attending the same; and it shall be the duty of the sheriff of Baltimore
county, by himself or by
deputy, on due notice given him by the mayor, to attend the meeting of
the aforesaid persons at the
time and place specified in such notice, and he or his deputy is hereby
authorised and required to administer
an oath, or affirmation, as the case may require, to every of the said
jurymen, that he will
justly, faithfully and impartially, discharge and perform the duties prescribed
to him by this act,
according to the best of his skill and judgment; and the same sheriff shall
have power and authority
to adjourn the said proceedings from day to day until the same shall be
completed; and the inquisition
thereupon taken, if signed by seven or more of the said jurymen, shall
be also signed by the said
sheriff, and shall then be binding and conclusive, to all intents and purposes
whatsoever, upon the
owner or owners, or persons interested as aforesaid, and upon the said
mayor and city council; and
the said inquisition, with the plot and certificate as aforesaid, shall
be returned, by the said sheriff, 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, duly attested by
the said clerk under his hand
and seal of office, shall be good in evidence in all cases whatsoever to
which it may relate, in any
court of law or equity.
VI. AND BE IT ENACTED, That if twelve jurymen
summoned as aforesaid shall not appear at the
time and place appointed as aforesaid, the sheriff of Baltimore county,
or his deputy, as the case
may be, shall summon other freeholders of his county from the by-standers,
or who can be speedily
procured to attend said service, not interested as aforesaid, and being
qualified as aforesaid, to make
up the said jury to the number of twelve.
VII. AND BE IT ENACTED, That the jury aforesaid,
in ascertaining the value of the lands, real
estate, springs, brooks, water or water-courses aforesaid, and the grounds
through which the said
mayor and city council may be desirous of having a right of entry and way
as aforesaid, and the damage
done to the owner or owners, or person or persons interested therein, by
reason of the condemnation
which said jury are hereby authorised and empowered to make, shall allow
to every such owner or
owners, or persons or persons interested as aforesaid, an additional compensation
of fifteen per cent.
over and above the real value of the property which shall be taken from
them in virtue of this act;
provided, that the mayor and city council of Baltimore shall not have the
privilege of taking or using
the waters, or any part of the waters, of Gwinn's Falls, Gwinn's Run, Jones's
Falls or Herring Run,
or any other stream whereon a mill is erected, for the purposes aforesaid,
without the permission
and consent of all and every person who may have any lands or tenements
adjoining the same, or
who may have any benefit, or advantage from the use of any of the said
waters.
VIII. AND BE IT ENACTED, That upon the payment
of such sum or sums of money as shall or
may be contracted or agreed for between the parties, or assessed by
the jury as aforesaid, for the land,
real estate, spring, brook, water or water-course as aforesaid, or
a legal tender thereof made by the
said mayor to such owner or owners, as such other person or persons interested
therein, at any time
after the same shall have been so agreed for, or assessed, or if he, she
or they, cannot be found, upon
the payment thereof into one of the banks of Baltimore for his, her or
their use, the right to such
land, real estate, spring, brook, water or water-course, and the right
of way and user in such
grounds as aforesaid, in the manner as aforesaid, or in the inquisitions
aforesaid, shall thenceforth be vested in
the mayor and city council of Baltimore, and their successors, for
ever, or for term or terms of
years, according to the terms of said agreements or inquisition, and it
shall and may then be lawful
for the said mayor and city council of Baltimore, and their successors,
their agents, workmen and |
