1413
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BALTIMORE CITY.
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ered, to improve Jones1 falls, within the limits of the city, In
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such manner as to prevent the overflowing of its banks, and to
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render it navigable or boatable as far as practicable, and other-
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wise to make it more useful and ornamental to the city ; and
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for that purpose they are hereby invested with the right and
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title to the soil over which the said falls now flows or may be
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directed to flow (for the use and benefit, however, of the public)
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and if its bed should be changed or diverted in any part, the
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Bed vested
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old bed so left dry, may be disposed of by the said corporation,
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in the city.
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and the proceeds applied towards effecting the proposed im-
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provement; Provided, that no private right of property in the
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bed of said falls shall be affected by any thing herein con-
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tained ; nor shall the said mayor and city council have a right
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to change the present bed of the falls, without the consent of
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Private
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the person or persons through whose land or property it may
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rights saved
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I be hereafter directed to flow, nor to widen Liffy street on its
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west side, without the consent of the proprietors of the ground
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fronting thereon.
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Corpora-
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SEC. 10. And be it enacted, That if it shall t be found neces-
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tion may
purchase
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sary or advisable for accomplishing the intended improvement
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property.
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of the said falls, and for opening streets or constructing wharves
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on its banks, to purchase the property of individuals, the said
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corporation are hereby authorized to purchase such property;
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and if the proprietor of any such property is under any legal dis-
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ability to contract for a sale, or is unwilling to make such sale,
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or the corporation cannot agree on the terms offered therefor, in
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either case the judges of the sixth judicial district, or any two
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of them on the application of the corporation, shall appoint
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three disinterested persons to value property so required, who
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shall return, on oath, their award of its value to Baltimore county
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court, which award shall be confirmed by the said court, unless
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cause to the contrary be shown, in which case the said court
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shall, at the first term thereafter, decide finally thereon ; and
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such awards shall be recorded by the clerk of the said court ;
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and upon payment, or tendering in payment of the sum of
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money awaided, such property shall be vested in the mayor
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and city council of Baltimore, in fee simple, for the purposes
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aforesaid.
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Tolls.
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SEC. 11. And be it enacted, That should the mayor and city
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council succeed in whole or in part, in rendering Jones' fulls
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navigable or boatable, by deepening its bed, or constructing a
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locfc or locks across it, or otherwise, they are authorized to
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Wharfages.
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impose and collect tolls and wharfages upon vessels or boats
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navigating the same, or lying at the public wharves opened or
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Proviso.
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constructed on the banks thereof; Provided, that the right to
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wharfage on Liffy street shall not accrue to the said mayor and
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city council, until they shall have engaged to wharf and fill up
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