1413

BALTIMORE CITY.

ered, to improve Jones1 falls, within the limits of the city, In

such manner as to prevent the overflowing of its banks, and to

render it navigable or boatable as far as practicable, and other-

wise to make it more useful and ornamental to the city ; and

for that purpose they are hereby invested with the right and

title to the soil over which the said falls now flows or may be

directed to flow (for the use and benefit, however, of the public)

and if its bed should be changed or diverted in any part, the

Bed vested

old bed so left dry, may be disposed of by the said corporation,

in the city.

and the proceeds applied towards effecting the proposed im-

provement; Provided, that no private right of property in the

bed of said falls shall be affected by any thing herein con-

tained ; nor shall the said mayor and city council have a right

to change the present bed of the falls, without the consent of

Private

the person or persons through whose land or property it may

rights saved

I be hereafter directed to flow, nor to widen Liffy street on its

west side, without the consent of the proprietors of the ground

fronting thereon.

Corpora-

SEC. 10. And be it enacted, That if it shall t be found neces-

tion may
purchase

sary or advisable for accomplishing the intended improvement

property.

of the said falls, and for opening streets or constructing wharves

on its banks, to purchase the property of individuals, the said

corporation are hereby authorized to purchase such property;

and if the proprietor of any such property is under any legal dis-

ability to contract for a sale, or is unwilling to make such sale,

or the corporation cannot agree on the terms offered therefor, in

either case the judges of the sixth judicial district, or any two

of them on the application of the corporation, shall appoint

three disinterested persons to value property so required, who

shall return, on oath, their award of its value to Baltimore county

court, which award shall be confirmed by the said court, unless

cause to the contrary be shown, in which case the said court

shall, at the first term thereafter, decide finally thereon ; and

such awards shall be recorded by the clerk of the said court ;

and upon payment, or tendering in payment of the sum of

money awaided, such property shall be vested in the mayor

and city council of Baltimore, in fee simple, for the purposes

aforesaid.

Tolls.

SEC. 11. And be it enacted, That should the mayor and city

council succeed in whole or in part, in rendering Jones' fulls

navigable or boatable, by deepening its bed, or constructing a

locfc or locks across it, or otherwise, they are authorized to

Wharfages.

impose and collect tolls and wharfages upon vessels or boats

navigating the same, or lying at the public wharves opened or

Proviso.

constructed on the banks thereof; Provided, that the right to

wharfage on Liffy street shall not accrue to the said mayor and

city council, until they shall have engaged to wharf and fill up