E. LOUIS LOWE, ESQUIRE, GOVERNOR.
70
of the owner being a feme covert, infant, non compos
mentis or absent, or if the owner shall refuse to make a
contract, then the said commissioners shall have the
same right, power and authority to condemn as much
lands as may be necessary to make said ditch or canal,
as is conferred on the Chesapeake and Ohio Canal company,
by the fifteenth section of the act of December
session eighteen hundred and twenty-four, chapter
seventy-nine, and the privileges shall be similar to those
prescribed by said fifteenth section.
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SEC. 3. And be it enacted,
That if any of the commissioners
herein named, shall die, resign, refuse to act
of remove from Worcester county, the remaining commissioners
shall appoint a commissioner in his place,
so as to keep the number of five commissioners, and
the said commissioners so appointed, or their successors,
shall have and exercise all the powers conferred by
this and the original act and its supplements.
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Vacancy—
how filled.
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SEC. 4. And be it enacted,
That the said commissioners
may expend for the purposes aforesaid any
money they may be able to raise by voluntary contribution;
Provided, that nothing contained in this act
shall authorise private property to be taken for the purpose
herein mentioned, without just compensation as
agreed upon between the parties or awarded by a jury,
being first paid or tendered to the party entitled to such
compensation.
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Power to
expend
money.
Proviso.
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SEC. 5. And be it enacted,
That this act shall have
effect from the date of its passage.
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In force.
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CHAPTER
81.
AN ACT to regulate the sessions of the Orphans' Court
of Baltimore County, to fix the pay of the Judges, and
to authorise the appointment of a Bailiff to said Court
and fix his compensation .
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Passed March
31, 1853.
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SECTION 1. Be it enacted
by the General Assembly
of Maryland, That the sessions of the Orphans' court
of Baltimore county, recently established by the Constitution,
shall be held on Tuesday of each week, from
ten o'clock, A. M., till three o'clock, P. M., and may
be continued in session on Wednesday of each week, if
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Sessions—
when to be
held.
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