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THE WHARF CASE, 363
to be made public for the use of the inhabitants, under the laws
and regulations of your board; and the whole of the same to be
relinquished up to the commissioners whenever the same, or any
part thereof may be wanted for market-houses.'
The commissioners took this proposition into consideration, and
agreed to it upon the following terms and conditions.
'The commissioners of Baltimore town, having considered the
above application, have no objection to Mr. Thomas McElderry
and Mr. Cumberland Dugan filling up the space of one hundred
and fifty feet wide, on a line with the present Market space, from
Water street as far as a line drawn from the south side of Pratt
street shall intersect or cross the said space; and, after filling up
the said space, the commissioners have no objection to their
making a canal from the said line of intersection to the channel of
sixty feet wide, with wharves and a street on each side of said
canal of forty-five feet wide. But with this express declaration,
that the privilege of filling up said canal, and of the whole space
of one hundred and fifty feet wide be fully reserved to the said
commissioners, and their successors for the use of the said town,
as granted by the act of Assembly, of November session, 1784,
ch. 62, entitled, an act for establishing new markets, &c. And
also on the express condition, that the said canal, wharves and
streets on each side of the said canal be a common highway, and
free for the public use, and subject to such regulations as the
commissioners and their successors shall from time to time estab-
lish. And on this further express condition, that the said McEl-
derry and Dugan extend Pratt street through their two lots of
ground on each side of Market space, and leave Pratt street of
the width of sixty feet through their said lots forever as a street for
the use of the public.'
The bill further states, that under this authority these plaintiffs
proceeded immediately to fill up the specified space; that they
filled up and made fast land of the whole of this ground, called
Market space, extending into the water, from Water street to the
south side of Pratt street, a distance of three hundred feet; and
from Pratt street to the channel, they made a canal and wharves
as specified, extending further into the water, a distance of one
thousand feet; and fully completed the whole according to the
terms of their contract in the years 1795 and 1796; that the ex-
pense of the work was borne by each of these plaintiffs to the
extent of the grounds held by each, thereby giving to each, as the
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