PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 197

determined who are the owners of said property and property
rights, at such price or prices as may be mutually agreed upon
between the owners of said property and property rights and
the Mayor and Council of Hagerstown, and for the purpose
of purchasing said lot and property rights the Mayor and Coun-
cil of Hagerstown are authorized to act without submitting the
matter of said purchase to the qualified voters of the City of
Hagerstown, but the act of the Mayor and Council of Hagers-
town in the purchase of said lot shall be conclusive and final,
and upon the payment of the purchase money and the passage
of deeds or other proper legal instruments of conveyance, title
to said lot and property rights shall vest in the Mayor and
Council of Hagerstown as fully and to the same extent as if the
purchase of said lot had been ratified by the vote of the qualified
voters of Hagerstown. The Mayor and Council of Hagerstown
are further authorized and empowered to make such necesary
improvements on said lot as in their judgment may be deemed
necessary, and to pay for them out of any funds which may
be at their disposal not levied for a specified purpose in order
to adapt said property and the buildings and improvements
thereon to such municipal uses as in their judgment said lot
may be best fitted to subserve.

SEC. 3. And be U enacted, That in the event that the Mayor
and Council of Hagerstown cannot agree with the owner or
owners upon a purchase price for said lot and property rights,
or in the event it shall be impossible to accurately determine
who the owner or owners of said lot and property rights are, or
in whom the title thereto may at present vest, or if any such
owner or owners be a feme sole and without power to contract
in that regard, under age, non compos mentis, or under any
other legal disability to contract, or be out of Washington county
at the time said property is wanted, then and in all such
cases application may be made by the Mayor and Council of
Hagerstown to any judge of the Fourth Judicial Circuit of
Maryland and thereupon the said judge, upon its being made to
appear satisfactory to him that said lot and property rights are
necessary and proper to be condemned for the use of the Mayor
and Council of Hagerstown for a site for a building to be used
for municipal purposes, shall issue his warrant, directed to the
sheriff of said county, requiring him to summon a jury of
twenty inhabitants, who are freeholders and qualified voters of
the City of Hagerstown, and not related to said owner or owners
of any property rights in said lot, or in anywise interested in
said lot, to meet on the premises to be valued and condemned.