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III. AND BE IT ENACTED, That the sheriff of Baltimore county, after having given at least ten
days notice in one of the news-papers of the city of Baltimore, shall, at any time before the first
Monday of May next, summon twelve freeholders, inhabitants of the said city, not interested in
the premises, who being first sworn to assess and value what damages shall be sustained by any per-
son or persons whomsoever, by reason of the opening and extending the aforesaid street, (taking
into consideration any vacant ground that may be on the east side of said street, when so extended,
as well as all benefits and inconveniencies, ) shall proceed to assess and value what damages may be
sustained by any person or persons whomsoever, by opening and extending the said street, and shall
also declare what sum of money each individual benefitted thereby shall respectively contribute and
pay towards compensating the person or persons injured by opening and extending the said street,
and the names of the person or persons, and the sums of money which they shall respectively be
obliged to pay, shall be returned, under their hands and seals, to the register aforesaid of the said city,
to be filed and kept in his office; and the person or persons benefitted by the opening of the said
street, and assessed as aforesaid, shall respectively pay the sum or sums of money so charged and
assessed to him or them, with interest thereon, at the rate of six per centum, from the time limitted
for the payment thereof; and should there be found to be any vacant ground on the east side of the
said street, when the same shall be extended, the same shall be vested in the proprietors of lots
fronting on the east side of said street, in proportion to the width of the front of their lots respec-
tively.
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 lien upon and bind all the property
so benefitted thereby, to the full amount thereof.
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 county 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,
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 notice, expressing the ground of such action, at least twenty days before the sitting
of the court, and cause a copy thereof to be served on the defendant, or left at his last 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.
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 of ascertaining the damages by them respectively sustained.
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 se-
cured, to be paid, as aforesaid, the city commissioners aforesaid are hereby authorised and directed
to remove the same without delay, and to charge the expense of such removal, in equal proportion
among the several persons benefitted by the opening and extending the aforesaid street, according
to the benefit which each may have been estimated to have received, agreeably to the assessment
and valuation, aforesaid.
CHAP. CLIV.
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CHAP.
CLIII.
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An ACT for the benefit of Luke Tiernan, of the City of Baltimore.
WHEREAS the Right Reverend John Carroll, Luke Tiernan, Daniel Williamson, Basil S. El-
der, William Jenkins, Francis J. Mitchell, John Walch and Philip Lawrenson, trustees of
the Roman Catholic Church in the town, now city, of Baltimore, have by their petition set forth,
that in the year seventeen hundred and ninety-nine a certain James Stewart,, late of the said city,
deceased, agreed to purchase of a certain Russell Allen, also of the said city, since deceased, a lot
of ground lying in the said city, and distinguished on a plot of that part of said city called Philpot's
Point, by the number three hundred and sixteen, for which the said James Stewart paid the consi-
deration money; that the said Russell Allen died intestate and without heirs, without having con-
M
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Passed Decem-
ber 25, 1810.
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