| 1810.
CHAP. 153.
Damages sustained
by persons by
such extension to
be ascertained by
a jury. |
LAWS OF MARYLAND.
3. AND BE IT ENACTED, That the sheriff of Baltimore
county,
after having given at least ten days notice in one of the news papers
of the city of Baltimore, shall, at any time before the first Monday
of May next, summon twelve freeholders, inhabitants of the
said city, not interested in the premises, who being first sworn to
assess and value what damages shall be sustained by any person
or persons whomsoever, by reason of the opening and extending
the aforesaid street, (taking into consideration any vacant ground
that may be on the east side of said street, when so extended, as
well as all benefits and inconveniencies,) shall proceed to assess
and value what damages may be sustained by any person or persons
whomsoever, by opening and extending the said street, and shall
also declare what sum of money each individual benefitted thereby
shall respectively contribute and pay towards compensating the
person or persons injured by opening and extending the said street;
and the names of the person or persons, and the sums of money
which they shall respectively be obliged to pay, shall be returned,
under their hands and seals, to the register aforesaid of the said
city, to be filed and kept in his office; and the person or persons
benefitted by the opening of the said street, and assessed as aforesaid,
shall respectively pay the sum or sums of money so charged
and assessed to him or them, with interest thereon, at the rate of
six per centum, from the time limited for the payment thereof; and
should there be found to be any vacant ground on the east side of
the said street, when the same shall be extended, the same shall be
vested in the proprietors of lots fronting on the east side of said
street, in proportion to the width of the front of their lots respectively.
By Nov. 1812, ch. 188, the commissioners
of the city are to collect the money
assessed, and tender the same to the persons entitled to receive it. |
In case damages
are not paid suits
may be instituted. |
5. AND BE IT ENACTED, That in case the person
or persons
injured by opening and extending the said street, shall not be paid
the damages by them respectively sustained and assessed as aforesaid,
within six months after the same shall be ascertained as aforesaid,
he, she or they, shall and may institute suits in Baltimore
county court for the recovery thereof, in which it shall be sufficient
to declare for money had and received, and this act, and the proceedings
under the same, shall be evidence to support such action
or actions instituted as aforesaid. |
Parties may proceed
to trial at
court to which
writ is returnable. |
6. AND BE IT ENACTED, That in case any suit
shall be instituted
as aforesaid for the recovery of any sum or sums of money in
virtue of this act, if the person or persons instituting the same
shall file a short notice, expressing the ground of such action, at
least twenty days before the sitting of the court, and cause a copt
thereof to be served on the defendant, or left at his last place of
abode, the parties shall proceed to trial at the court to which the
writ shall be returnable, and no imparlance or appeal shall be allowed. |
