4832 ARTICLE 22.

Marsh Run.

1916, ch. 71, sec. 1.

459. The Mayor and Council of Hagerstown is hereby authorized and
empowered to acquire by purchase or condemnation a certain tract or
tracts of land, with the improvements thereon; abutting on and along both
sides of a stream of water for its entire length commonly called and
known as "Marsh Run" in Hagerstown, Maryland; the entire stream of
water of said Marsh Run from the eastern boundary of the property of
the Hagerstown City Park to Antietam Creek together with any and all
rights, easements, privileges and ways of all persons and corporations
therein and any and all streams of water, water-ways, water courses and
drains emptying thereinto and all rights of every kind and description
whatsoever of all persons and corporations therein, without the necessity
of submitting the said purchase or the said award or the ratification thereof
to the qualified voters of Hagerstown, the same when so acquired to be
used for drainage purposes for the inhabitants of Hagerstown, and when
so acquired the title thereto shall vest in the Mayor and Council of
Hagerstown in fee simple.

1916, ch. 71, sec. 2.

460. The Mayor and Council of Hagerstown may enter into contract
or contracts with 'the owners thereof for the purchase of said tract or
tracts of land mentioned in Section 459 of this subtitle, together with the
improvements thereon, and with the owners of the stream of water known
as "Marsh Run" and any of their rights therein and also for any and
all streams of water, water-ways, water-courses and drains emptying into
said Marsh Run including any and all easements, rights, ways and
privileges of all persons and corporations, claiming and owning any
rights of any kind and description whatsoever therein or in any wise ap-
pertaining thereto, and if the Mayor and Council of Hagerstown can not.
agree upon a reasonable price and terms of payment for said purchase,
as aforesaid described, then and in that event the Mayor and Council
of Hagerstown be and it is hereby authorized and empowered to condemn
the said property, tract or tracts of land with improvements thereon
together with the stream of water known as "Marsh Run" from the
eastern boundary of the property of the Hagerstown City Park to the
Antietam Creek and all streams of water, water-ways, water courses,
drains and sewers emptying into the said stream of water known as
"Marsh Run" aforesaid and all the rights, easements, ways, privileges
and water rights of every kind and description whatsoever of all persons
and corporations claiming or owning any and all such rights therein or
in any wise appertaining thereto, and the proceedings of condemnation
shall be as provided by Article 33A of Chapter 463 of the Acts of the
General Assembly of Maryland passed at its January Session, 1914.

1916, ch. 71, sec. 3.

461. The Mayor and Council of Hagerstown after the amount of the
purchase money has been fully and finally determined and agreed upon