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1804.
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NOVEMBER. LAWS OF MARYLAND.
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C H A P.
LVI.
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assessed to him or them, with interest: thereon at the rate of six per centum from the time limitted
for the payment thereof. <
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Sums assessed
to be a lien,
&c.
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IV. AND BE IT ENACTED, That the sums of money assessed and charged to each individual be-
nefitted by extending and opening the aforesaid street, shall be a lieu upon and bind all the property
so benefitted thereby, to the full amount thereof. .
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Persons in-
jured may sue,
&c.
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V. AND BE IT ENACTED, That in case the person or persons injured by opening and extending
the said street, shall not be paid the damages by them respectively sustained and assessed as afore-
said within six months after the same shall be ascertained as aforesaid, he, she or they, shall and
may institute suits in Baltimore tounty court for the recovery thereof, in which it shall be sufficient
to declare for money had and received, and this act, and the proceedings under the same, shall be
evidence to support such action or actions instituted as aforesaid.
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To be tried at
the first court,
&c.
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VI. AND BE IT ENACTED, That in case any suit shall be instituted as aforesaid for the recovery
of any sum or sums of money in virtue of this act, if the person or persons instituting the same shall
file a short note, expressing the ground of such action, at least twenty days before the sitting of the
court, and cause a copy thereof to be served onthe defendant, or left at his place of abode, the
parties shall proceed to trial at the court to which the writ shall be returnable, and no imparlance or
appeal shall be allowed.
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Not to be ex-
tended, &c.
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VII. AND BE IT ENACTED, That the street aforesaid shall not be extended or opened through
the property of any individual injured thereby, until the damage by them sustained and assessed as
aforesaid shall be first paid, or secured to be paid, to their satisfaction, together with legal interest
thereon from the time at which payment is limitted to be made.
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Obstructions
may be re-
moved, &c.
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VIII. AND BE IT ENACTED, That in case the obstructions in the said street are not removed
within twenty days after the money charged and assessed as aforesaid is paid, or tendered or secured
to be paid as aforesaid, the city commissioners aforesaid are hereby authorised and directed to re-
move the same without delay, and to charge the expence of such removal in equal proportion among
the several persons benefitted by the opening and extending the aforesaid street, according to the
benefit which they may have been estimated to have received agreeably to the assessment and valua-
tion aforesaid.
CHAP. LVII.
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Passed Janua-
ry 12, 1805.
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A Further additional supplement to an any entitled, An ad to ap-
point commissioners to examine, survey and lay out, the road
therein mentioned.
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Preamble.
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WHEREAS it is represented to this general assembly, that the road contemplated to be laid
out from the city of Baltimore, in a direction towards Liberty-town, to the Frederick coun-
ty line, at or near Philemon Barne's plantation, has been improperly located, and it being the desire
of a number of the inhabitants of Baltimore county that a correct location of the same be made, and
that the said road be opened as soon as possible; therefore,
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Road confirm-
ed, &c.
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II. BE IT ENACTED, by the General Assembly of Maryland, That the road aforesaid, as surveyed,
laid out and marked, from Gravelly-Hill, in Baltimore county, to Randallstown, in said county,
by the commissioners appointed under the act, entitled, An act to appoinr commissioners to examine,
survey and layout, the road therein mentioned, passed at November session, seventeen hundred
and ninety-nine, be and the same is hereby confirmed, and declared to be a public road and common
highway.
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Another road
confirmed, &c.
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III, AND BE IT ENACTED, That the road aforesaid, as surveyed, laid out and marked, from Ran-
dall'stown to Alien's mill, thence by Nathan Randall's tavern, on the north side thereof, and by
Little's tavern, on the south side of the same, and from thence to the line of Frederick county, at
or near Philemon Barne's plantation, as surveyed, laid out and marked, by the commissioners ap-
pointed under the act, entitled, An act to appoint commissioners to examine, survey and lay out,
the road therein mentioned, be and the same is hereby confirmed, and declared to be a public road
and common highway.
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Court to open
the road, &c.
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IV. AND BE IT ENACTED, That the levy court of Baltimore county are hereby authorised and
required, immediately to open the said roact, as aforesaid located and laid out, and they are hereby
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