| CHARLES RIDGELY, OF HAMPTON, ESQ. GOVERNOR.
15. AND BE IT ENACTED, That a majority of the
aforesaid board
of commissioners shall be competent to exercise all its powers, and
vacancies happening therein shall be supplied from time to time by
the mayor and presidents of the first and second branches of the
city council, or any two of them, for the time being; and that so
much of the act* relating to streets in the city and precincts of
Baltimore, as is supplied by, or is inconsistent with, the provisions
of this act, be and the same is hereby repealed; Provided however,
that where the commissioners in pursuance of the said act may
have laid out any 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. |
1817.
CHAP. 148.
Vacancies, how to
be supplied.
* 1816, ch. 218.
Proviso. |
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, or 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
a 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 reversed, 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 the case to require a continuance. |
On application
streets may be
opened, &c.
Provisos. |
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 return their report
to the register of the city, to be filed in his office, authenticated
copies of which shall be evidence. |
Damages to be
paid before street
is opened. |
18. AND BE IT ENACTED, That the mayor and
city council of
Baltimore shall not be authorised 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. |
Streets not to be
paved without
consent of proprietors. |
19. AND BE IT ENACTED, That the governor,
by and with the
advice and consent of the council, shall appoint three disinterested
persons, who shall not be residents of Baltimore city, who shall |
Limits of city to be
ascertained. |
VOL. III.
91
|
 |
