B E N J A M I N O G L E, ESQUIRE, GOVERNOR.

1798.

pofe of faving the land, to be divided agreeably to the will of their father; therefore, BE IT
ENACTED, That the faid warrant of refurvey fhall have no force or validity to veft in the parties
thereto any other right, or title or intereft to the faid tract of land, or any part thereof, than
they are refpectively entitled to in virtue of the laft will and teftament of their faid father, Jacob
Lemmon, fenior, deceafed.

C H A P. XIX.

C H A P.
XVIII.

Warrant to
have no force,

&c.

An ACT for the opening of Second-ftreet in the city of Baltimore.

WHEREAS fun dry perfons of the city of Baltimore have reprefented to this general af-
fembly, that the health and convenience of the inhabitants of faid city would be ma-
terially benefitted by the opening and extending of Sharping lane, now called Second-ftreet,
in the faid city, which is at prefent confiderably obftructed by feveral fmall and confined build-
ings, erected and ftanding on that part of faid ftreet neareft to and adjoining South-ftreet: And
whereas this general affembly have good caufe to believe that the reprefentation of the faid in-
habitants is juft and reasonable; therefore,

Paffed Jan. 15,

Preamble.

II. BE IT ENACTED, by the General Affembly of Maryland, That the city commiffioners of the
city of Baltimore fhall and they are hereby authorifed and empowered to extend and open
Sharping lane, now called Second-ftreet, in the city of Baltimore, to the breadth, of forty-nine
feet and one half foot, from the point where the faid ftreet interfects Gay-ftreet to that point
where it paffes into South-ftreet; and the faid ftreet, when fo opened and extended, 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 required to return a plot, ascertaining the limits and extent 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 city of Baltimore.

Lane to be ex-

tended, &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 Monday of May next, fummon twelve freeholders, inhabitants of the faid city, not in-
terefted 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 the opening; and extending the aforefaid ftreet,
(taking all benefits and inconveniencies into confideration,) fhall proceed to affefs 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 individual benefitted thereby fhall
refpectively contribute and pay towards compenfating 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 refpectively 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 per-
fons benefitted by the opening of faid ftreet, and affeffed as aforefaid, fhall refpectively pay
the fum or fums of money fo charged and affeffed to him or them, with intereft thereon at the
rate of fix per centum from the time limitted for the payment thereof.

Sheriff to fum-
mon free-
holders, &c.

IV. AND BE IT ENACTED, That the fums of money affeffed and charged to each individual
benefitted by extending and opening the aforefaid ftreet, fhall be a lien upon and bind all the
property fo benefitted thereby to the full amount thereof.

Sums affeffed to
be a lien.

V. AND BE IT ENACTED, That in cafe the perfon or perfons injured by opening and extending
the faid ftreet fhall not be paid the damages by them refpectively fuftained and affeffed as afore-
faid, within fix months after the fame fhall be ascertained as aforefaid, he, fhe or they, fhall
and may inftitute fuits in Baltimore county court for the recovery thereof, 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 fupport fuch action or actions instituted as aforefaid.

Perfons injured
and not paid
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 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 court to which the writ fhall be returnable, and
no imparlance or appeal fhall be allowed.

In cafe of fuit,
trial to be had
firft court, &c.

VII. AND BE IT ENACTED, Thai the ftreet aforefaid fhall not be extended or opened through

the property of any individual injured thereby, until the damage by them fuftained and affeffed
as aforefaid fhall be firft paid, or fecured to be paid to their fatifaction, together with legal in-

tereft thereon from the time of afcertaining the damages by them refpeclively fuftained.

Street not to be
extended, &c.

VIII. AND BE IT ENACTED, That in cafe the obstructions in the faid ftreet are not removed
within twenty days after the money charged and affeffed as aforefaid is paid, or tendered or fe-
cured to be paid as aforefaid, the city commiffioners aforefaid are hereby authorifed and directed
to remove the fame without delay, and to charge the expence of fuch removal in equal propor-
tions among the feveral perfons benefitted by the opening and extending the aforefaid ftreet, ac-
cording to the benefit which each may have been eftimated to have received agreeably to the af-
feffment and valuation aforefaid.

Commiffioners
may remove ob-
ftructions, &c.

IX. PROVIDED ALWAYS, That nothing herein contained fhall be conftrued to authorife the

jury aforefaid to affefs any money or monies for the purpofes of this act on any perfon or perfons
whatever, executing thofe refide at or holding property on fecond-ftreet, between Gay-ftreet and
South-ftreet.

Provifo.