1829.
LAWS OF MARYLAND.
CHAP. 83.
Passed Feb. 20, 1830.
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CHAPTER 83.
A further supplement to the act, entitled, an act for the opening
of Monument Street in the City of Baltimore, passed at December
session eighteen hundred and twenty-six, chapter 91.
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Appeals provided
for.
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Section 1. Be it enacted by
the General Assembly of Maryland,
That any person or persons or corporation, who may
be dissatisfied with the assessment of damages or benefits
which has been made by the Commissioners, appointed to
make such assessment, under the original and supplementary
act to which this is a further supplement, may appeal from the
same, by petition in writing, to the Judge of Baltimore City
Court, at any time within thirty days from the passage of this
act, and said Court, any two of whom are empowered to act,
are hereby authorised and directed to proceed with said appeals
in like manner as they would have been, had the said
appeals been made within the period limited by the previous
laws.
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Grounds of decision
laid down.
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Sec. 2. And be it enacted,
That the said Court, or the Jury
which they may have summoned for the purpose, in ascertaining
and deciding on the amount of damage or benefit to
the property of the party appealing, by the opening of said
street, shall be governed by what, under all the circumstances,
they may be of opinion will be the probable damage or
benefit to such property from said improvement, any thing in
the said original and supplementary act to the contrary notwithstanding.
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Disposition of the
old Joppa road.
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Sec. 3. And be it enacted,
That the Mayor and City Council
of Baltimore, be, and they are hereby authorised to provide
by ordinance, for enclosing as private property, so much
of the old road, called the Joppa road, as lies between Ensor
Street in the said city, and the point where Monument Street
crosses the said road, between Caroline and Bond streets, except
so much thereof as forms a part of any street, if they
deem it expedient so to do, and also to provide for a signing
the part of the road so enclosed, to such of the owners of adjoining
property, as the commissioners appointed to open Monument
street or a majority of them shall certify or it shall appear
from the returns made by the said commissioners, are entitled
to the same in consequence of any assignment of befits
made by the said Commissioners; and where no person shall
be so entitled, then to such person or persons, and on such
terms as the Mayor and City Council aforesaid, shall deem
proper, and every person to whom any part of the said road
shall be so assigned, shall be entitled to hold and dispose of
the same in fee simple.
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