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LEVIN WINDER, ESQUIRE, GOVERNOR.
to him, her or them, with legal interest thereon, to the person or
persons who shall have been declared in the manner aforesaid to be
injured by the said opening and extension. |
NOV. 1812.
CHAP. 121. |
4. AND BE IT ENACTED, That the sum or sums
of money assessed
and charged to each individual benefitted by opening and extending
the aforesaid street, shall be a lien upon, (for the benefit of
the person or persons who by the said jury shall be declared as injured,)
and shall bind all the property, which in the manner aforesaid
shall be declared to be benefitted thereby, to the amount of the
respective assessments thereon. |
Money assessed to
be a lien on property
benefitted. |
5. 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 him, her or them sustained, and to
him, her or them assessed in the manner aforesaid, shall be tendered,
paid, or secured to be paid, with legal interest, in six
months from the time of such assessment. |
Damages to be
paid before street
is opened. |
6. AND BE IT ENACTED, That in case the person
or persons injured
by opening and extending said street, shall not be paid the
damages by him, her or them thereby sustained, and to him, her
of them in manner aforesaid assessed and awarded, within six
months after the same shall be ascertained as aforesaid, he, she or
they, may recover before a justice of the peace, if the amount
does not exceed the sum of fifty dollars, and if the amount exceed
that sum then in Baltimore county court, against him, her or them,
in manner aforesaid, who shall have been declared as benefitted,
the amount which on him, her or them shall have been assessed,
and which he, she or they shall have been in manner aforesaid adjudged
to pay, and that it shall be sufficient for the plaintiff or
plaintiffs, in such action or actions, to declare generally for money
had and received, and give this act, and the proceedings under the
same, in evidence, to support his, her or their action or actions. |
Persons not paid
damages may institute
suits. |
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 shall be paid or tendered, or secured
to be paid as aforesaid, the said eastern precincts commissioners
are hereby authorised and directed to remove the same
without delay, and to charge and levy the expense of such removal
in equal proportions among the several persons benefitted by the
opening and extending of said street, according to the benefit which
each may have been estimated to have received, agreeably to the
assessment and valuation which shall have been made and returned
in the manner as aforesaid by the jury aforesaid; and that the
said commissioners shall immediately cause the same to be collected
by the clerk, or some other person, to whom they are authorised
to allow a reasonable compensation; and that if the amount, which
by the said commissioners shall be assessed, shall be paid within
three months, that then the said commissioners shall recover from
each and every such person on whom they have assessed and
charged in the manner aforesaid, the amount and amounts of such
assessment and assessments, before a justice of the peace, if within
his jurisdiction, and if not, before the Baltimore county court;
which action or actions shall be brought in the name of the eastern
precincts commissioners, and in which it shall be sufficient to declare
for money had and received, and this act, and the proceedings |
Obstructions. |
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