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deducted from that portion of the appropriation to be made under the provisions of the constitution of the state to St. Mary's county.

By 1868, c. 150 a corporation is created and chartered by the name of the Southern Maryland Rail Road Company, for the purpose of constructing, maintaining and working a railroad from some point in Prince George's county to Point Lookout.

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By the act of 1868, c. 49, the county commissioners of Dorchester county are authorized and empowered to sell and convey the property known as the almshouse property of said county, and invest so much thereof as may be necessary in the purchasing or building another almshouse for said county in some desirable and healthy locality. [Sup. 533.]

DORCHESTER AND DELAWARE RAIL ROAD.

1868, c. 184 recites that whereas a contract for the construction of the Dorchester and Delaware Rail Road was entered into on the twelfth day of October last, and considerable progress has already been made in the construction of the said road; and whereas the Dorchester and Delaware Rail Road Company has negotiated a portion of the bonds of Dorchester county, issued under the provisions of c. 27, of the act of the general assembly passed at January session, 1867, [Sup. 538,] at their par value, and the remaining portion of the said bonds are still in the possession of the said company, undisposed of; and whereas the said company has never received any payment on account of the state's subscription to the capital stock of said company,

therefore, it enacts, that in ascertaining at any time the amount actually paid by other subscribers than the state of Maryland to the capital stock of the Dorchester and Delaware Rail Road Company, for the purpose of determining the amount due and payable at such time, upon the state's subscription to the said capital stock, according to the provisions of section twenty-seven of chapter fifty-two, of the act of the general assembly of Maryland, passed at the January session, eighteen hundred and sixty-six, the comptroller and the treasurer be and they are hereby authorized and required to estimate and allow, as part of the amount actually paid by the other subscribers aforesaid, the amount realized in cash by the said company from the sale of such bonds of Dorchester county aforesaid as shall have been disposed of by the said company; and also, at the option of the said company, to estimate and allow the bonds of said county at such time remaining unsold in the possession of the said company, as cash actually paid as aforesaid, at the rate of ninety cents in the dollar on the par value of said bords.

ROADS.

1868, c. 287 adds an additional section to this article to read as follows:

Road supervi

SEC. 185. The county commissioners of Dorchester 1868, c. 287., county are hereby authorized and empowered to appoint sors. road supervisors for the roads and sub-division of roads in said county, whose duties shall be such as are now Duties. or may be prescribed by law; and for which they shall receive a compensation of two dollars per day, not to Compensation. exceed ten days in each year, and upon any supervisor refusing or neglecting to discharge the duties of road Neglect, &c., of supervisor after being so appointed, he shall, upon proof and conviction thereof in the county court, be Penalty. fined a sum not exceeding fifty dollars; provided no Proviso. person shall be compelled to serve more than one year in three years.

In force and approved March 30, 1868.

duty.

SHERIFF.

1868, c. 216 repeals section 210 and enacts the following in lieu thereof:

Keeping pri

210. The sheriff of Dorchester county shall be enti-1868, c. 216. tled to forty-five cents a day for keeping in jail and soners. boarding each prisoner.

In force and approved March 28, 1868.

Incorporated.

VIENNA.

1868, c. 190 enacts the following:

1868, c. 190, s. 1. 212. The citizens of the town of Vienna, in Dorchester county, are a body corporate, by the name of the commissioners of the town of Vienna, and by that name may sue and be sued, and have and use a common seal.

Ibid. s. 2. Bounds of town.

Ibid. s. 3. Commission

ers.

Ibid. s. 4. Voters.

213. The bounds of said town shall be as follows: beginning at the northeast corner of Hooper C. Hicks' old granary, standing near the edge of the Nanticoke river and a short distance northwardly of Joel Cornwell's wharf, thence running westwardly in a line parallel with Front street, one-fourth of a mile, or till it intersects the county road leading from said town to Crotchett's Ferry, thence southerly in a line parallel with Back street, half a mile, or till a line drawn from the end of the division line between Henry Wilcox's meadow lot and Samuel S. Craft's land, at the edge of Nanticoke river, and running with said division line until it intersects the said southerly line, thence with said division line to the aforesaid river, and binding therewith to the place of beginning.

214. The number of commissioners for said town shall be five, and their term of office shall be as follows: : one to serve for one year, the second to serve two years, the third to serve three years, the fourth to serve four the fifth to serve five years. years, shall cast lots for the terms, and at every election to fill a vacancy the party shall be elected for five

years.

They

215. The white male citizens of said town of Vienna, of the age of twenty-one years and upwards, who shall have resided therein for six months preceding the election, shall, annually, on the day prescribed by said commissioners, and at the house also prescribed by said commissioners to hold said election in, elect a person qualified in all respects as the said voters, to be

a commissioner in the place of the commissioner whose place has become vacant.

Vacancy.

216. If, during the year for which he was elected,Ibid. s. 5. any of said commissioners shall die, resign, or refuse to act, or remove from said town, or be otherwise disqualified to act, an election to fill such vacancy shall be held, at which all persons qualified to vote at a regular election may vote.

Ibid. s. 6. How elections

217. All elections shall be held and conducted as shall from time to time be directed by the by-laws of conducted. the corporation not contrary to law; provided, that one Proviso. of the justices of the peace of the town of Vienna be empowered to appoint one judge and one clerk, to hold the first election for town commissioners, immediately after the passage of this act.

President of

218. The said commissioners shall, at the first Ibid. s. 7. election, choose one of their number president of the board. board, who shall preside at the meetings of the commissioners, preserve order, give such directions as they may deem necessary to carry out the provisions of their charter and ordinances, and shall give the casting vote. when the commissioners shall be equally divided. 219. They may appoint a clerk, and prescribe his Ibid. s. 8. duties, and allow him such compensation as they may deem proper; and all ordinances passed by the commissioners, or a majority of them, shall be recorded by the clerk, in a book to be kept by him for that purpose, which shall be open at all times to the inspection of any person interested, and copies of all ordinances shall be put up in the most public places in the town.

Clerk.

Taxes.

220. They may levy an equal tax on the property Ibid. s. 9. within the town limits to such amounts as they may from time to time deem necessary, which tax shall be collected by a collector appointed by said commissioners, who shall have the same power to destrain therefor as the collector of county taxes.

Collector.

221. The commissioners shall fix the terms of office, Ibid. s. 10. responsibility and compensation of the collector by them appointed.

Ibid. s. 11.

Bailiff.

Ibid. s. 12.

Powers of commissioners. Proviso.

Ibid. s. 13. Streets.

Ibid. s. 14. Dogs and bitches.

222. They may annually appoint a bailiff, whos duty it shall be to preserve the peace and good order o the town, and who, within the town, shall have all the powers of a constable.

223. They may straighten and widen streets, make footways, build bridges, and when necessary open new streets; provided, that no ground shall be used for the straightening, widening or opening of streets until the owner or owners, his, her or their representative of the land to be condemned, shall have received or been tendered payment therefor, the valuation of the land to be ascertained by a jury of five disinterested persons, two to be chosen by the commissioners, two by the owner or owners, his, her or their representative, and one by the four jurors so chosen, who shall meet upon the land and there determine the valuation of the same, and when so valued they shall inform the commissioners, and the owner or owners, his, her or their representative, of the valuation so determined upon, and upon the amount so determined upon by the jurors being paid to the owner or owners, his, her or their representatives of the land so condemned, it may and shall be considered as equivalent to a deed given by them to the commissioners.

224. They shall keep the streets and public roads lying within the limits of the town in good repair, and the bailiff or other person appointed by them for that purpose shall within the town, have all the powers of a supervisor of roads.

225. They may levy a reasonable tax on dogs and bitches belonging to or kept by any of the inhabitants of the town, to be recovered and collected as other town taxes are, and may impose reasonable fines and penalties to restrain dogs and bitches from running at large in said town, and may authorize and compel the bailiff to kill any dog or bitch within said town whose owner cannot be ascertained, or who shall refuse to pay the taxes, fines and penalties imposed by this section.

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