1414

BALTIMORE CITY.

street, lane or alley, and proprietors of ground thereon have laid
out or disposed of their grounds conformably thereto, the same
shall not be altered or changed under the provisions of this act,
without the consent of such proprietors.

Mode of
opening
streets
hereafter.

SEC. 16. And be it enacted, That on the application in
writing by the proprietors of not less than two-thirds of any
property (which may be intended to be taken) for the opening,
extending, widening, or straightening of any street, lane or
alley, to the mayor and city council of Baltimore, they may open,
extend, widen or straighten such street, lane or alley, or part
thereof respectively, according to the location and delineation
thereof by the said commissioners ; but, before the same shall
be opened, extended, widened or straightened, the said mayor
and city council shall appoint five assessors, who, or a majority
of them, shall ascertain on oath the amount of injury which any
person or persons will sustain by the opening, extending,
widening or straightening of such street, lane or alley, or part
thereof respectively; Provided, that no person shall be entitled
to damages for any improvement, unless the same shall have
been made or erected, before the laying out or locating of such
street, lane or alley, or part thereof respectively ; Provided,
that any person or persons aggrieved by the assessment of
damages by the said assessors, shall have a right to appeal to
Baltimore county court, next after such assessment, and a right
to a trial by jury, by issue or issues framed by the order of the
court for that purpose, and the costs of such appeal to be paid
by the appellant, unless the report of the assessors shall be re-
versed ; which said appeal shall be decided at the first court to
which such appeal shall be made, unless the court, upon legal
grounds, shall think the justice of tho case to require a con-
tinuance.
See 1832, ch. 207 ; 1833, ch. 182 ; 1834, ch. 277, and 1833, ch. 390.

Mayor and
city council
to pay
damages for
opening
streets, fee.

SEC. 17. And be it enacted, That the mayor and city council
of Baltimore shall cause to be paid or tendered, to the persons
entitled thereto, the damages ascertained as aforesaid out of the
city treasury, before any street, lane or alley, shall be opened,
widened or straightened. And the assessors aforesaid shall re-
turn their report to the register of the city to be filed in his office,
authenticated copies of which shall be evidence.

Paving,
how to be
done.

SEC. 18. And be it enacted, That the mayor and city council
of Baltimore shall not be authorized to cause any unpaved street
lane or alley, or part thereof respectively, within the city, to be
paved, without the assent in writing of the proprietors of a
majority of the ground binding and fronting on such street, lane
or alley, or the part thereof to be paved.
See 1833, ch. 40.

Limits of
direct taxa-

SEC. 19. And be it enacted, That the governor, by and with
the advice and consent of the council, shall appoint three disin-