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Dec. Ses. 1817
Jones's Falls
may be im-
proved.
Proviso.
Corporation
authorised to
purchase pro-
perty.
When Falls
are rendered
navigable tolls
may be collect-
ed.
Proviso.
Comm'rs ap-
pointed to sur-
vey and lay off
streets, &c.
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which they are respectively interested, for the completion of which
the mayor and city council shall provide.
9. And be it enacted, That the mayor and city council of Balti-
more be and they are hereby authorised and empowered to improve
Jones's Falls, within the limits of the city, in such manner an to
prevent the overflowing of its banks, and to render it navigable or
boatable, as far as practicable, and otherwise to make it more use-
ful and ornamental to the city; and for that purpose they are here-
by invested with the right and title to the soil over which the said
Falls now flows, or may he directed to flow, (for the use and bene-
fit however of the public;) and if its bed should he changed or di-
verted in any part, the old bed so left dry may be disposed of by
the said corporation, and the proceeds applied towards effecting the
proposed improvement; Provided, that no private right of property
in the bed of said Falls shall be affected by any thing herein con-
tained, nor shall the said mayor and city council have a right to
change the present bed of the Falls, without the consent of the per.
son or persons through whose land or property it may be hereafter
directed to flow, nor to widen Liffey-street on its west side without
the consent of the proprietors of the ground fronting thereon.
10. And be it enacted, That if it shall be found necessary or ad-
visable for accomplishing the intended improvement of the said
Falls, and for opening streets, or constructing wharves on its
banks, to purchase the property of individuals, the said corporation
are hereby authorised to purchase such property; and if the pro-
prietor of any such property is under any legal disability to con-
tract for a sale, or is unwilling to make such sale, or the corpora-
tion cannot agree on the terms offered therefor, in either case the
judges of the sixth judicial district, or any two of thorn, on the ap-
plication of the corporation, shall appoint three disinterested per-
sons to value property so required, who shall return, on oath, their
award of its value to Baltimore county court, which award shall be
confirmed by tire said court, unless cause to the contrary be shewn,
in which case the said court shall, at the first term thereafter, decide
finally thereon; and such awards shall be recorded by the clerk of
the said court; and upon payment, or tendering in payment, of the
sum of money awarded, such property shall be vested in the mayor
and city council of Baltimore, in fee simple, for the purposes afore-
said.
11. And be it enacted, That should the mayor and city council
succeed in whole or in part, in rendering Jones's Falls navigable or
boatable, by deepening its bed, or constructing a lock or locks
across it, or otherwise, they are authorised to impose and collect
tolls and wharfages upon vessels or boats navigating the same, of
lying at the public wharves opened or constructed on the banks
thereof; Provided, that the right to wharfage on Liffey-street shall
not accrue to the said mayor and city council, until they shall have
engaged to wharf and fill up said street, and deepen said Falls, on
the side thereof adjoining said street, if the said street be given up
to the city.
12. And be it enacted, That John E. Howard, William Gibson,
William Cooke, William M'Mechen, Henry Thompson, John Hil-
len, Joseph Townsend, Nathaniel Williams and John M'Henry,
be and they are hereby appointed commissioners, who shall cause
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