578
LAWS OF MARYLAND.
Passed May
30, 1853.
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CHAPTER 399.
AN ACT amendatory to an act, passed at December
session, eighteen hundred and thirty-one, chapter one
hundred and thirty-nine, incorporating the town of
Boonsboro', and its additions in Washington County.
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Authority to
open streets,
&c.
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SECTION 1. Be it enacted
by the General Assembly
of Maryland, That the burgess and commissioners of
Boonsboro' and its additions, are hereby authorised and
empowered to open and lay out streets, lanes and
alleys, within the limits of said corporation, whenever
a majority of the owners immediately interested, or
touching such street, lane or alley required to be opened
or laid out, shall petition for the same.
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Examination
of premises.
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SEC. 2. And be it enacted,
That upon the reception
of a petition so signed, the burgess and commissioners
or a majority of them, shall upon a fixed day,
of which the parties interested shall have notice, proceed
to examine the premises, and if in their judgment
the street, land or alley so petitioned for shall be necessary
for the convenience of the petitioners, they shall
proceed to condemn the ground necessary for such
street, lane or alley, and carefully ascertain the advantages
and disadvantages incurred by the owners of property
injured or benefitted thereby, and lay the amount of
the damages sustained by each person damaged, and
assess the amount of damage upon the property of each
person benefitted thereby, and make a record thereof on
the books of the corporation for the inspection of whom
it may concern.
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Right of appeal.
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SEC. 3. And be it enacted,
That if any person
shall consider himself aggrieved by the decision of the
burgess and commissioners either by the laying of inadequate
damages, or by two high an estimate of advantages,
the person or persons so complaining, shall
have the power of appealing to an arbitration of three
discreet citizens of said corporation, one to be chosen
by the burgess and commissioners, one by the person
or persons complaining, and the other to be selected by
the two chosen as above stated, which three arbitrators
shall after having sworn to decide impartially in the
case, upon a fixed day of which the parties shall have
notice, enquire into the merits of the case, and decide
in the premises, and their decisions shall be final, but
no street, lane or alley, shall be opened under the provisions
of this act, until all the damages are paid,
unless by the consent of the person or persons entitled
to receive them.
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