| 1800.
CHAP. 77. |
LAWS OF MARYLAND.
city council be purchased, to pass and dig canals in, and lay or
repair pipes therein, for the purpose of conveying the said water
into said city, shall be held, used, occupied and enjoyed, by the said
mayor and city council of Baltimore, according to the true intent
and meaning of this act, and such contract shall be annexed to the
plot and certificate to which it refers, and with such plot and certificate
shall be delivered to the clerk of Baltimore county court,
whose duty it shall be to record the same, at the expense of the said
corporation, and the same, or a true copy thereof, certified under
the hand and seal of office of said clerk, shall be received as good
evidence in any court of law or equity, to every intent and purpose
to which the same may appertain or refer. |
In case of disagreement
with
proprietors of
land, a jury to be
summoned. |
5. AND BE IT ENACTED, That if the mayor and
city council
aforesaid shall not be able to agree with the proprietor or proprietors
as aforesaid for the purchase or lease of such land, real estate,
spring, brook, water or water-course as aforesaid, which they may
deem expedient to purchase and hold as aforesaid, for the purpose
of introducing water into the said city, or for the right to enter and
pass through, to use and occupy, such other grounds as aforesaid,
through which they may deem expedient to convey the said water
into the said city, or if there be any incapacity or disability in the
owner or owners of such lands, real estate, spring, brook, water or
water-course as aforesaid, which the said mayor and city council may
conceive expedient and necessary to purchase and hold as aforesaid,
or in the owner or owners of such grounds through which the said
mayor and city council; may deem expedient to have a right of
entry and passage as aforesaid, for the purpose of conveying the
said water into the said city as aforesaid, or if such owner or owners
shall be absent out of the state, or unknown, it shall and may
be lawful, on the application of the said mayor, for the chief justice
of that judiciary district of Maryland wherein the city of Baltimore
is or may hereafter be situated, to issue his warrants to the
sheriffs of Prince-George's and Frederick counties, commanding
and directing them respectively to summon from each of their respective
counties, a jury of fifteen freeholders, inhabitants of their
respective counties, not related to the owner or owners, or persons
interested as aforesaid in the said real estate, spring, brook, water
or water course, which the said mayor and city council may deem
expedient to purchase and hold for the purpose of introducing water
as aforesaid into the said city, or to the owner or owners, or
persons interested in the ground or grounds as aforesaid through
which the said mayor and city council may be desirous to purchase
a right of entry and way as aforesaid, for the purpose of conveying
the said water into the said city, to meet and appear on the premises,
which are to be valued, and such valuation shall be begun to be
made by them on such day, as in such warrant shall be appointed,
of which five days previous notice shall be given by the said mayor,
to every owner or person interested as aforesaid, or if any infant
or lunatic, or feme-covert, to his or her guardian or husband, or
in
either case left at his or her last place of abode, or if out of the
state, or unknown, such notice shall be published not less than eight
weeks successively, in some one or more of the Baltimore newspapers;
and from the pannels of jurors so returned and attending, it
shall be lawful for the persons, a condemnation of whose land may |
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