26
VOTES and PROCEEDINGS, November, 1799.
" By the house of delegates, December 24, 1799: Read the second
time and will pass.
" By order,
W. HARWOOD, clk."
And the bill, entitled, An act declaring a road leading to a fork of Conowago
road in Baltimore
county a public highway, thus endorsed; " By the house of delegates, December
24, 1799:
" Read the first and second time by especial order and will pass.
" By order,
W. HARWOOD, clk."
Ordered that the said bills be engrossed.
The resolution in favour of Edward Norwood, the bill,
entitled, A supplement to an act, entitled,
An act to direct descents, the bill, entitled, An act authorising the levy
court of Caroline
county to appoint constables in the different towns and villages in said
county, the bill, entitled,
An act directing the mode of executing conveyances of lots in the city
of Washington, sold by
David Burnes in his life-time, and for other purposes, and the bill, entitled,
an act to regulate
elections, were sent to the house of delegates by the clerk.
The senate adjourns until to-morrow morning 10 o'clock.
W E D N
E S D A
Y, December 25, 1799.
THE senate met. Present the same members as
on yesterday. The proceedings of yesterday
were read.
Mr. Hammond, from the committee to whom the bill, entitled,
An act to regulate public ferries,
was committed, reported the said bill with certain amendments.
The said bill was then read the second time and passed
with the proposed amendments.
Amendments proposed. Strike out the first section,
and in lieu thereto insert as follows: " Be
it enacted, by the general assembly of Maryland, That the county courts
of the several counties
within this state shall be and they are hereby authorised and empowered,
annually, to grant a
licence of licences to any approved person or persons applying for the
same, to keep a public
ferry across any bays, rivers or other waters, at any place within their
county where a public or
licenced ferry is now kept, or where a public road is now or shall hereafter
by established, to the
bank or edge of such water, if the said court shall be of opinion that
a public ferry ought to be
established, and such licence shall authorise the person to whom the same
is granted to keep a public
ferry across the bay, river or other water, therein mentioned, to any other
public landing or
road coming to the other side thereof, and specified in the said licence,
and from thence back
again; and no such licence shall specify more than two places, one
on each side of the water
therein mentioned, between which such ferry may be kept, except in
cases of ferries across the
bay, in which, for the purposes of public convenience and accommodation,
and to encourage such
expensive undertakings by individuals, a more extensive privilege or authority
may be allowed in
one licence, at the discretion of the court granting the same; and
all ferry licences shall be renewed
annually." Strike out the words " justices of the several levy" in
the ninth line of the
second page, and insert " several county." Strike out from the word
"their" in the same line
to the word "if" in the tenth line of the second page, both inclusive,
and insert " such time or
times, and as often as." After the word "securities" in the seventeenth
line of the third page
insert " residing in the county where such licence shall be granted."
strike out the third section,
and in lieu thereof insert the following clause: " And be it enacted,
That if the proprietor or proprietors
of the land at any place now used as a public ferry, or where a public
ferry may hereafter
be established or set up according to the provisions of this act, shall
refuse or neglect for the space
of two months to take out a licence agreeably to this act, or to rent the
houses and land commonly
used with, or necessary for, such ferry, to some person to be approved
of by the said court,
who will take out a licence for the same, or be under any disability to
take out a licence, or to
rent as aforesaid, by reason whereof the same shall be delayed to be done,
to the inconvenience
of the public, for the space of three months beyond the annual time for
granting such ferry licences,
in such case the county court of the county in which such land shall lie,
shall issue their
warrant to the sheriff of their county, to summon twelve respectable disinterested
persons, qualified
by law to be jurymen, and also the surveyor of the county, to meet on the
premises, on a
day by him to be appointed, of which due and timely notice shall be given
by the said sheriff to
the owner or owners, possessor or possessors, of such land; and the said
jury shall then and there,
upon viewing the place, determine how much land, not exceeding two acres,
and not including
the dwelling-house, garden, orchard or meadow, of the owner or possessor,
or any part thereof,
shall be necessary and most convenient to be laid off for the use of
such ferry, and the said surveyor,
under their direction, shall survey and lay off the same, and make a correct
plot and certificate
thereof, and shall deliver the same to the said sheriff, to be returned
to the next county
court; and the said jury shall then and there estimate the value of the
said land, in doing which
they shall take into consideration all the advantages of its situation
for the purposes of keeping a
ferry, or pursuing any other business, having first taken an oath, or affirmation,
as the case may
be, justly and impartially to value the said land; and they shall make
an inquest of their proceedings
as aforesaid, under their hands and seals, which shall be returned by the
said sheriff, with
the certificate and plot aforesaid, to the next county court; and if the
proprietor of the said land
shall think himself aggrieved by by the quantity of land laid off, or by
the manner of laying off the
same, or by the valuation thereof by the said jury, it shall and may be
lawful for him or her to
apply to the said county court, at any time before the end of the next
court to that at which the
inquest aforesaid shall be returned, who may, in a summary way, examine
the said proceedings,
and ratify or correct the same in any of the particulars above mentioned,
and shall thereupon order
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