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LEVIN WINDER, ESQUIRE, GOVERNOR.
3. AND BE IT ENACTED, That the sums of money
assessed and
charged to each individual benefitted by extending and opening the
aforesaid street, shall be a lien upon and bind all the property so
benefitted thereby to the full amount thereof. |
NOV. 1812.
CHAP. 34.
Money assessed to
be a lien upon property
benefitted. |
4. 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. |
Damages not being
paid within
six months suits of
recovery may be
instituted. |
5. 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 note expressing the ground of such action, at least
twenty days before the sitting of the court, and cause a copy thereof
to be served on the defendant, or left at his 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. |
Persons instituting
suits shall file short
notes, and cause
copies to be served
on defendants. |
6. AND BE IT ENACTED, That the street aforesaid
shall not be
extended or opened through the property of any individual injured
thereby, until the damages by them sustained, and assessed as aforesaid,
shall be first paid, or secured to be paid, to their satisfaction,
together with legal interest thereon, from the time at which payment
is limited to be made. |
Street not to be
opened until
damages are paid. |
7. AND BE IT ENACTED, That in case the obstructions
in the
said street are not removed within twenty days after the money
charged and assessed as aforesaid is paid, or tendered or secured to
be paid as aforesaid, the city commissioners aforesaid are hereby
authorised and directed to remove the same without delay, and to
charge the expenses of such removal in equal proportions among
the several persons benefitted by opening and extending the aforesaid
street, according to the benefit which they may have been estimated
to have received, agreeably to the assessment and valuation
aforesaid; Provided always, that nothing herein contained shall
be
construed to authorise the jury aforesaid to assess any money or
monies for the purpose of this act, on any person or persons whatever,
excepting those holding property on said Green and Exeter-streets. |
Removal of obstruction.
Proviso. |
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CHAP. XXXV.
An Act to alter and repeal such parts of the Constitution and Form
of
Government of this State as relate to the division of
Allegany County
into Election Districts. Lib. TH. No. 3, fol.
371.
This act was not confirmed as part of the constitution. |
Passed Dec. 4. |
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CHAP. XXXVI.
An Act for the benefit of Cornelius Ennis, John Hancock and Charity
Tarr, of Worcester County.
Lib. TH. No. 3, fol. 372. |
Passed Dec. 4. |
BE IT ENACTED, by the General Assembly of Maryland,
That
the justices of the levy court of Worcester county shall, and they
are hereby directed and empowered, at their levy court annually, |
Levy authorised
for their support. |
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