WILLIAM GRASON, ESQUIRE, GOVERNOR.

1838.

CHAPTER 87.

An act for the benefit of the town of Elkton, in Cecil
County, and to authorise the Town Commissioners to
do certain acts therein mentioned, for the benefit of
the said town.

CHAP. 87.

Passed Feb. 26,
1839.

WHEREAS, it lias been represented to the General
Assembly, by the town commissioners, and many of
the citizens of Elkton, that the town is very badly sup-
plied with water, and in case of fire stands in the most
imminent danger of being consumed, without adequate
means of relief within reach: — Therefore.

Preamble.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That for the purpose of supplying the town
of Elkton with water, to be used in cases of fire and
for other purposes, the present board of town commis-
sioners and their successors, be, and are hereby au-
thorised and empowered to divert a part of the Big
Elk Creek from its present channel, and bring it along
by and through the said town, by means of a ditch or
canal, to be cut of such dimensions as the said town
commissioners may deem most advisable, and in such
manner and such direction as they may think proper.

Power to divert

Elk Creek.

Sec. 2. And be it enacted, That the president of
the board of town commissioners, may agree with the
owner, or owners, of any land or property through
which it may be necessary to cut the said ditch or ca-
nal, for the purchase, or use, and occupation of the
same; and in case they cannot agree, then the said
president, on application to a justice of the peace of
Cecil county, the said justice shall issue his warrant
under his hand and seal, directed to the sheriff of the
said county, requiring him to summon a jury of twen-
ty inhabitants of said county, to meet on the land to be
valued, not less than five, nor more than ten days after
issuing the same, and in case any of the jurors afore-
said do not attend, the said sheriff shall instanter sum-
mon as many jurors as may be necessary with the
jurors in attendance, to furnish a pannel of twenty
jurors in attendance, and from them, each party, his,
her or their agent, and if either be not present in per-
son, or by agent, the sheriff may strike off four persons
12

Authority to con-

tract with propri-

etors.

Case of non-agree-

ment.

Mode of valuation

prescribed.