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Dec Ses. 1817.
Provisos.
Damages to be
paid.
Streets not to
be paved with-
out consent of
proprietors.
Limits of city
to be ascertain-
ed.
Plots of the
same to be
made.
Election made
valid—Repeal.
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extending, widening or straightening, of such street, lane or alley,
or part thereof respectively; Provided, that no person shall be en-
titled to damages for any improvement unless the same shall have
been made or erected before the laying out or locating of such
street, lane or alley, or part thereof respectively; Provided, that
any person or persons aggrieved by the assessment of damages by
the said assessors, shall have a right to appeal to Baltimore county
court next alter such assessment, and a right to a trial by a jury,
by issue or issues framed by the order of the court for that pur-
pose, and the costs of such appeal to be paid by the appellant, un-
less the report of the assessors shall be reversed, which said appeal
shall be decided at the first court to which such appeal shall be
made, unless the court, upon legal grounds, shall think the justice
of the case to require a continuance.
17. And be it enacted, That the mayor and city council of Balti-
more shall cause to be paid or tendered to the persons entitled
thereto, the damages ascertained as aforesaid, out of the city trea-
sury, before any street, lane or alley, shall be opened, widened or
straightened; and the assessors aforesaid shall return their report
to the register of the city, to be filed in his office, authenticated
copies of which shall be evidence.
18. And be it enacted, That the mayor and city council of Bal-
timore shall not be authorised to cause any unpaved street, lane or
alley, or part thereof respectively, within the city, to be paved,
without the assent in writing of the proprietors of a majority of
the ground binding and fronting on such street, lane or alley, or
the part thereof to be paved.
19. And be it enacted, That the governor, by and with the ad-
vice and consent of the council, shall appoint three disinterested
persons, who shall not be residents of Baltimore city, who shall
immediately proceed to ascertain and mark out the limits within
said city, so far as the same is in their judgment thickly settled,
built up, or improved, and in which the usual regulations for
watching and lighting or cleaning the streets are or ought to be
applied, and the mayor and city council of Baltimore shall not have
power to impose any direct tax upon the property without the said
limits so to be ascertained as aforesaid.
20. And be it enacted, That the said commissioners shall have
power to employ a surveyor or surveyors, and shall return a plot
of the limits so ascertained to the register of the city, and one
other plot to the clerk of Baltimore county, to be by them recorded
in their respective offices, authenticated copies of which shall be
evidence; and the said commissioners shall each receive six dollars
per diem for the time in which they may be necessarily employed in
the execution of the provisions of this act, which, together with
the expenses of the survey, shall be paid by the levy court of Bal-
timore county, to be by the said court levied upon the assessable
property contained between the limits to be ascertained as afore-
said, and the bounds prescribed by the act to enlarge the bounds of
Baltimore city.
21. And be it enacted,, That the election made in October last
for members of the second branch of the city council for the new
wards, shall be deemed valid, and that all acts and parts of acts of
assembly, which are supplied by, or are inconsistent with, the pro-
visions of this act, be and the same are hereby repealed.
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