1831.

LAWS OF MARYLAND.

CHAP. 125.

CHAPTER 125.

Passed Feb. 20, 1832

An act relating to a part of a Lot of Ground in Frederick
town.

Preamble.

WHEREAS, it has been suggested to this General Assem-
bly, that the state of Maryland has the title to a small part
of the lot number one, on the plot of Frederick town, in
Frederick county, now in the possession of a certain Valen-
tine Birely, of said town, who also claims title to the same,
and has expended considerable sums of money in the im-
provement thereof, and it seems reasonable, as well on ac-
count of the smallness of said parcel of ground, as of the
willingness of the said Birely, to pay a fair Value for the
same, to be assessed by suitable persons to be appointed

Commissioners au-
thorised to convey.

for that purpose, on the part of the state: — Therefore,
Be it enacted by the General Assembly of Maryland, That
James M. Coale, Michael Buckey and Casper Quynn, of
the county aforesaid, or a majority of them, be, and they
are hereby authorised and empowered, in the name and on
behalf of the state of Maryland, to convey and release to
Valentine Birely, of Frederick town, in said county, his
heirs and assigns, forever, all the right, title and interest
whatsoever, of the state of Maryland, to all and every part
of a certain piece or parcel of land, situate in Frederick
county and distinguished as lot number one, on the plot of
Frederick town, upon the payment by the said Birely, to
the said James M. Coale, Michael Buckey and Casper

Assess the value.

Quynn, or a majority of them such sum of money, for the
use of the state of Maryland, as they, or a majority of
them, shall adjudge to be the value thereof, its present value
as enhanced by reason of its contiguity to the rail road
passing thereby, and deducting from the valuation, the

Payment over.

amount of said Birely's improvements thereon, having first
investigated the title to the same, which the said commis-

Case of Bireleys re-
fusal.

sioners shall pay to the treasurer of the western shore, and
if the said Birely shall refuse to take the said parcel of
land at the valuation of the before named commissioners,

Proceeding direct'

then the commissioners shall dispose of said land, at either
private or public sale, as in their discretion they may see
fit; and the said commissioners, acting as aforesaid, shall
each receive two dollars per day, for each and every day

Compensation.

that they may be engaged in said business, which said com-
mission shall be deducted from the purchase money for
which said parcel of land may sell, and retained by said
commissioners; and if upon investigation, the sai'd com-
missioners, or a majority of them, shall be of opinion that
the said Birely is legally entitled to the said land, then the