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Session Laws, 1916
Volume 534, Page 45   View pdf image (33K)
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EMERSON C. HARRINGTON, GOVERNOR. 45

vided for by Chapter 463 of the Acts of the General Assembly
of Maryland passed at its January Session, 1914, which said
Act is known as Article 33A of the Public General Laws of
Maryland regulating the procedure for the acquisition of prop-
erty for public use by condemnation, so far as the acquisition
by condemnation of any such land or property, sewer, drain,
water course, stream of water, situated wholly or partly within
the City of Hagerstown or Washington County, or any inter-
est, franchise, easement, right or privilege therein is concerned,
may, in any case or cases, at the option of said commission, at
any time hereafter be provided for by any lawful ordinance
or ordinances of the Mayor and Council of Hagerstown adopted
pursuant to the power conferred upon it by this Act.

SEC. 4. And be it further enacted, That all individuals
and corporations lawfully having buildings, structures, works,
conduits, mains, pipes, tracks or other physical obstructions
in, over or under the public lanes, avenues, streets, alleys or
highways of the City of Hagerstown, which shall block or
impede the progress of said sewerage system, when in process
of construction and establishment, shall, upon reasonable notice
from said commission, promptly so shift, adjust, accommo-
date or remove the same at their own cost and expense, as to
fully meet the exigencies occasioning such notice; and if any
such individual or corporation shall refuse, neglect or fail
after such reasonable notice to discharge any duty cast upon
him or it by this section, he or it shall, in addition to but not
in substitution for any other remedy or remedies that said
commission or the Mayor and Council of Hagerstown, may
have in the premises, be subject to a fine of fifty dollars for
each and every offense, and also to an additional fine of ten
dollars a day for every day that said refusal, neglect or failure
shall continue; said fines to be collected as other fines in the
City of Hagerstown are collected; and should the exigencies
of said commission and its work in any case involve a taking,
in the constitutional sense, of the franchise or right in the ex-
ercise of which such obstruction had its origin, the Mayor and
Council of Hagerstown, acting by and through the agency of
said commission, shall be empowered to secure the condemna-
tion of such franchise or right in the manner provided for in
Section 3 of this Act. The preceding provisions of this section
shall likewise be applicable to any such obstruction in, over or
under the public highways of Washington County of this
State into which said sewerage system shall extend. The duty
and cost of adjusting or removing private drains and sewers in

 

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Session Laws, 1916
Volume 534, Page 45   View pdf image (33K)
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