| 1804.
CHAP. 56. |
LAWS OF MARYLAND.
extend a street in the city of Baltimore, commencing at the intersection
of Green and North-streets, and continuing the same course
of North-street until it intersects High-street, passing the same by
a sugar-house lately erected by Messieurs Tool and Shutt; and the
said street, when so opened and extended, and the valuation and
assessment herein after directed to be made shall have taken place,
shall be deemed and taken, and is hereby declared, to be a public
street and highway for ever thereafter; and the said commissioners
are hereby required to return a plot ascertaining the limits and extent
of the said street, when so extended and opened, to the register
of the city of Baltimore, who shall receive and file the same as
part of the plot of the city of Baltimore. |
Damages to be
valued. |
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 all benefits and inconveniencies into
consideration,) 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 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. |
Sums assessed to
be a lien on property
benefitted
by the extension. |
4. 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. |
Persons injured by
extension may sue
for damages. |
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. |
Suits to be tried at
the 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 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. |
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