DANIEL MARTIN, ESQUIRE, GOVERNOR
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79
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the Hagerstown academy, and the/ice in such direction as
said commissioners, or any three of them, may deem ad-
visable, until it intersects Jonathan-street; the street thus
to be laid out to include the alley adjoining the lot now
owned and occupied by John Albert.
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1830.
CHAP. 76.
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Sec. 2. And be it enacted. That the commissioners a-
foresaid, or any three of them, shall return a plot of said
street, under their hands and seals, to the clerk of Wash-
ington county court, who shall record the same among the
records of said county; and the said street shall forever
thereafter be and remain a public street, and be under the
control and direction of the moderator and commissioners
of llagerstown as other public streets and alleys are.
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Plot to be re-
turned.
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Sec. 3. And be it enacted, That the said commissioners,
or any three of them, shall have power to assess damage's
to any of the landholders through whose property said
street may pass, taking into consideration the advantages
and disadvantages resulting to said property from the open-
ing of said street, and if any person through whose land
said street may pass, shall consider himself or herself ag-
grieved by the decision of said commissioners in the assess-
ment of damages as aforesaid, such person shall have the
right to appeal to the county court of Washington county,
and to the benefit of a trial by a jury in the same, in as full
and ample a manner as is given by any of the laws of this
state incorporating companies for the construction of turn-
pike roads, and in such trial the party aggrieved shall be
the plaintiff, and the persons who may contribute to the
fund hereinafter mentioned shall be the defendants, and
the decision of the jury shall be final and conclusive upon
the parlies, and the court shall have power to award costs
to either party as they shall deem right and equitable.
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Damages.
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Sec. 4. And be it enacted. That the said commissioners,
or any three of them, shall have power to superintend the
building of a bridge across Antietam-street in said town,
over which the contemplated street shall pass, if they shall
deem the same necessary, and the moderator and commis-
sioners of Hagerstown shall consent to its erection, and
when the said bridge is finished it shall be and remain a
public bridge, subject to the control and direction of the
moderator and commissioners of Hagerstown, in the same
manner that the public streets and other property belong-
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Bridge over
Antietam
street may be
erected.
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ing to the corporation of Hagerstown are; Provided, that
all damages allowed to any land owner under this act, shall
he fully paid before he is interrupted in the possession of
his property, and that a sufficient fund or sum of money
shall be raised by voluntary contribution to pay and satis-
fy the damages which shall be allowed to any person or per-
sons as aforesaid, together with all costs, charges and ex-
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Proviso
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