JOHN HENRY, Efquire, Governor.

*797*

II. Be it enacted, by the General Affembly of Maryland, That the city com-
miffioners of the city of Baltimore fhall be and they are hereby appointed and
authorifed to lay out and open the faid Charles-ftreet, from Camden-ftreet to
Barre-ftreet, of fuch width and in fuch direction as to them fhall feem right and
proper; and the faid ftreet, when fo laid out and opened, and the valuation and
affeffment herein after directed to be made fhall have taken place fhall be deemed
and taken, and is hereby declared to be, a public ftreet and highway for ever
thereafter; and the faid commiffioners are hereby directed to return a plot, afcer-
taining the extent and limits of the faid ftreet, when fo extended and opened, to
the regifter of the city of Baltimore, who fhall receive and file the fame as part
of the plot of the faid city.

C H A P.
LXIV.

Commiffion-
ers to lay oat
Charles-
ftreet, &c.

III. And be it enacted, That the fheriff of Baltimore county, after having
given at leaft ten days notice in one of the news-papers of the city of Baltimore,
fhall, at any time before the firft day of April next, fummon twelve freeholders,
inhabitants of the faid city, not interefted in the premifes, who, being firft fworn
to affefs and value what damages fhall be fuftained by any perfon or perfons
whomfoever by reafon of opening and extending the aforefaid ftreet, (taking all
benefits and inconveniencies into confideration,) fhall proceed to afffefs and value
what damages may be fuftained by any perfon or perfons whomfoever by opening
and extending the faid ftreet, and fhall alfo declare what fum of money each in-
dividual benefited thereby fhall refpectively contribute and pay towards compen-
fating the perfon or perfons injured by opening and extending the faid ftreet; and
the names of the perfon or perfons, and the fums of money which they fhall re-
fpectively be obliged to pay, fhall be returned, under their hands and feals, to the
regifter aforefaid of the faid city, to be filed and kept in his office; and the perfon
or perfons benefited by opening the faid ftreet, and affeffed as aforefaid, fhall refpec-
tively pay the fum or fums of money fo charged and affeffed to them, with in-
tereft thereon at the rate of fix per centum from the time limitted for the payment
thereof.

Sheriff to
fummon free-
holders, &c.

IV. And be it enacted, That the fums of money affeffed and charged to each
individual benefited by extending and opening the aforefaid ftreet, fhall be a
lien upon and bind all the property fo benefited thereby to the full amount

thereof.

Sums affeffed
to be a lien,

&c.

V. And be it enacted, That in cafe the perfon or perfons injured by opening
and extending the aforefaid ftreet fhall not be paid the damages by him or them
repfectively fuftained, and affeffed and charged as aforefaid, within fix months
after the fame fhall be afcertained and affeffed as aforefaid, he, fhe or they, fhall
and may inftitute fuits in Baltimore county court for the recovery of the fame, in
which it fhall be fufficient to declare for money had and received, and this act,
and the proceedings under the fame, fhall be evidence to all intent and purpofe
whatsoever to fupport fuch action or actions inftituted as aforefaid.

Perfons in-
jured may
fue, &c.

VI. And be it enacted, That in cafe any fuit fhall be inftituted as aforefaid for
the recovery of any fum or fums of money in virtue of this act, if the perfon or
perfons inftituting the fame fhall file a fhort note, expreffing the ground of fuch
action, at leaft twenty days next before the fitting of the court, and caufe a copy
thereof to be ferved on the defendant, or left at his laft place of abode, the
parties fhall proceed to trial at the firft court to which the writ fhall be return-
able, and no imparlance or appeal fhall be allowed.

And proceed
to trial the
firft court,
&c.

VII. And be it enacted, That in cafe the obftructions in the faid ftreet are not

proposed within twenty days after the money charged and affeffed as aforefaid is
paid, or rendered to be paid, the city commiffioners aforefaid are hereby autho-
rifed and directed to remove the fame without delay, and to charge the expence
of fuch removal to the owners or proprietors thereof.

Obftructions

may be re-
moved, &c.