SECTION 3. And be it enacted, That the limits of said
town shall begin at a stob driven on the side of the
county road leading from East New Market to Cabin
creek, near the division line between Mrs. Baker's lot
and John Webster's farm; and shall run from thence
north twenty-six and a-half degrees, west one hundred
and eighty perches; thence south twenty-six and a-half
degrees, east one hundred and sixty perches; thence
north eighteen and a-half degrees, east one hundred and eighty perches; thence
north twenty-six and a-half degrees, west eighty perches to the beginning,
SECTION 4. Be it enacted, That there shall be five commissioners for said town,
who stall hold office for two years from the date of their election, or until
their successors are duly elected and qualified, who shall be elected by ballot
by the qualified voters of said town, and who shall be at least twenty-five
years of age and a bona fide resident of said town for at least twelve months
next preceding the date of his election, and shall also possess in his own
right, or in the right of his wife, real or leasehold property in said town of
the assessed value of two hundred dollars.
SECTION 5. Be it enacted, That the male inhabitants of said town above the age
of twenty-one years, who have resided in said town for six months next preceding
the date of election, shall possess the qualifications of electors of
commissioners for said town. The qualified voters of said town shall, on the
first Monday in May, in the year one thousand eight hundred and eighty-four,
between the hours of twelve o'clock m. and five p. m., and in like manner every
two years thereafter, elect by ballot five persons of known integrity,
experience and sound judgment, to be commissioners of said town.
SEC. 6. Be it enacted, That it shall be the duty of the commissioners of said town, at the first election to be held under this act, as provided in the preceding section, and at every election thereafter, to appoint three judges of election, one of whom, at least, shall be of the opposite political party, and shall give notice of the time and polling place and names of the judges appointed as aforesaid; such notice shall be posted in two conspicuous places, at least five days before election; each of said persons so, as aforesaid, appointed judge of election shall, before he proceeds to act as such judge, make oath before a justice of the peace for the said county, or one of the commissioners of said town, that he will faithfully and impartially discharge the duties of his office, and upon failure of any judge to attend, the remaining judge or judges shall hold the election, and if none of the judges attend, the citizens present shall select three judges. The said judges of election, on the day of election and immediately after the polls are closed, shall count the ballots and certify the result to said town commissioners, together with the ballots cast, and the persons receiving the highest number of votes shall be declared elected commissioners, and the said certificate shall be recorded.
SECTION 7. Be it enacted, That if any vacancy shall happen in the office of commissioner, the president shall cause an election to be held in the way and manlier as provided in the preceding section.
SECTION 8. Be it enacted. That every person elected a commissioner shall, before he enters upon the duties of his office, make oath before some justice of the peace that he will diligently and faithfully, without favor or partiality or prejudice, perform the duties of a commissioner of said town, and a certificate of such qualification shall be returned by the justice of the peace to the commissioners, and be filed and recorded among their proceedings.
SECTION 9. Be it enacted, That the said commissioners shall meet on the Wednesday ensuing their election, or as soon thereafter as convenient, and as of ten thereafter as they shall determine by by-laws or ordinances, and shall each receive the sum of fifty cents per meeting, provided that none of them shall receive more than six dollars per annum as salary. The said commissioners, at their first meeting, shall select one of their number as president, who shall preside at their meetings and exercise other functions as may be conferred upon him by the by-laws or ordinances; the president shall see that the ordinances are duly and faithfully executed, and shall report annually in the month of May the general state of the town, with accurate account of the money received and expended, to be posted tip in one conspicuous place in said town for the information of the citizens, and shall make such suggestions as in his judgment are proper for the wise and economical government of the town.
SECTION 10. The said commissioners shall, at their first meeting, appoint a town clerk for and during their term, who shall keep a record of their proceedings in a well bound book, to be provided by them for that purpose and to be subject to the inspection of the inhabitants of said town and all persons interested therein; the said clerk shall also act as treasurer for said town, and shall give bond to the commissioners in the penalty of not less than five hundred dollars, with a surety or sureties to be approved by them, and shall perform such other duties as may be prescribed in the by-laws or ordinances of said town, and receive such compensation for his services as clerk and treasurer as shall be fixed by the commissioners; the said clerk and treasurer shall, before he begins to act, make oath before a justice of the peace that he will faithfully discharge the duties of his office, and account for all moneys that may come into his hands, and said justice shall return a certificate of said oath to the commissioners to be recorded.
SECTION. 11. They shall, at their first meeting, or as soon thereafter as may be convenient, appoint one or more bailiffs and prescribe their duties, who shall receive such compensation for their services as may be determined by the said commissioners.
SECTION 12. The said commissioners shall have authority to remove any clerk and treasurer or bailiff for neglect of duty, incompetence or any other cause which in move their judgment may seem right, and shall supply such vacancy for the remainder of the term.
SECTION 13. Every bailiff shall, before he enters upon the duties of his office, take an oath before the president, or in his absence, some one of the commissioners, faithfully and impartially to discharge the duties of his ofiice without favor, affection or prejudice.
SECTION 14. Every bailiff shall, before a tax levy is placed in his hands for collection, give bond to the commissioners in a penalty doable the amount of said tax levy, with a surety or sureties to be approved by the commissioners for the faithful collection of said levy.
SECTION 15. The commissioners may make such by-laws, not contrary to law, for the regulation and good government of said town and the inhabitants thereof, and to restrain all disorders and disturbances, and prevent and remove all nuisances, inconveniences and annoyances within said town; to prevent the running at large of horses, cattle and other stock, and firing guns, pistols and fire-crackers in the streets, lanes and alleys of said town; to make, repair and regulate footways; make and keep open drains or sewers; to extend the streets or alleys, and renew their boundaries, and make new streets, and do such other things as they may deem proper; and may enforce obedience to their by-laws by such fines, penalties and forfeitures as they may deem reasonable, not to exceed twenty dollars for any one offense.
SECTION 16. They may cause an assessment to be made, from
time to time, by one person by them appointed, of all the property, real,
personal and mixed, of all kinds and descriptions whatever, within the corporate
limits of the said town, and such other property as follows the person of the
owner liable by law to be valued and assessed and chargeable with taxes in this
state; and in making said assessment, the said property shall be valued at its
cash value, and it shall De chargeable according to such valuation for the
corporate purposes of said town; provided that the tax levied on said
property shall not exceed in any one year twenty cents on the hundred dollars of
the assessed value thereof; and, provided further, any person aggrieved by said
assessment shall have an appeal to said commissioners,
who are empowered to increase or abate assessments; said assessor shall have
authority to administer oaths to persons to be assessed, and take a list of
their assessable property under oath.
SECTION 17. Every assessor, before he proceeds to act, shall make oath before the president that he will make and return a true valuation of property as required by the preceding section, and a certificate of such oath shall be preserved on the minute book of the commissioners; the president shall give two weeks' previous notice of proposed assessment by handbills posted in two or more conspicuous places within the limits of said town; said notice shall also contain the name of the assessor appointed.
SECTION 18. Whenever the commissioners shall levy a tax
for the corporate purposes of said town, they shall make
out an alphabetical list of the persons chargeable therewith, with the sums
payable by each annexed, and shall also annex thereto a warrant to the bailiff
or bailiffs to collect the said tax; and the bailiff or bailiffs, within thirty
days after receiving such warrant and list, shall deliver to each person therein
named an account of the taxes payable by such person, and unless the said taxes
shall be paid within twenty days after such account shall have been rendered,
the bailiff or bailiffs may collect the same by distress and sale of the goods
and chattels of the delinquent, by advertisement in four public places in the
said town; or if there be no goods and chattels, of his real estate, and then
his mode of procedure shall conform to the existing laws governing the sale of
real or leasehold estate for county and state taxes; and the bailiff or bailiffs
shall, within four months after the receipt of the said warrant and list,
account for and pay the sum collected to the commissioners, under a penalty of
twenty-five dollars in each case; all taxes levied as aforesaid shall bear
interest after four months from the date when the tax list is placed in the
hands of the bailiff for collection, and the bailiff or bailiffs shall collect
and pay over any levy placed in his or their hands within four months after the
receipt of said warrant and list, and upon his failure to do so his bond shall
at once be put in suit.
SECTION 19. Any person who shall pay his taxes levied as aforesaid within thirty days after the tax list is placed in the hands of the bailiff for collection, shall be entitled to a discount of five per cent, thereon, which discount shall be allowed the bailiff in his settlement with the commissioners.
SECTION. 20. The tenant or occupant of any house or parcel of land in said town shall be chargeable with the taxes thereon, and may collect the same from the owner, or deduct the same from the rent due, or to become due, and shall be entitled to a credit to that extent on his or her rent.
SECTION 21. The said commissioners may assess and levy a tax, not exceeding two dollars each, for any dog belonging to or kept by any of the inhabitants of the town, to be recovered and collected as other taxes, and may compel the bailiff to kill any dog within the town Dog tax. whose owner cannot be ascertained, or whose ostensible owner shall fail to pay or evade the payment of the said tax; and they shall adopt such by-laws as will effectually enforce the provisions of this section.
SECTION 22. The said commissioners may cause the sidewalks or footways in said town to be paved whenever and in such manner as they may think proper, and may require the owner of real or leasehold property to pave such part of the sidewalks or footways as may border on his or her ground or property; and if the owner of any such property shall refuse or neglect to have the same paved for a longer time than, thirty days after notice thereof by the bailiff, the commissioners may have the same paved at his or her expense, and may collect the cost of such pavement from such owner in the same manner as other debts are collected, and any judgment obtained in such case shall be a prior lien on said property.
SECTION 23. If any ground bordering on any street ordered to be paved shall be leased for a term less than seven years, the lessee or tenant may pave or repair said sidewalk or footway, or pay for the same if done by the commissioners, and the same shall be allowed in part payment of the rent due and to become due to the owner; and if such tenant should refuse, as aforesaid, the commissioners may, in their discretion, make him responsible for said costs, or proceed against the owner.
SECTION. 24. All violations of the charter, by-laws or
ordinances of the said town of East New Market are hereby declared to be
misdemeanor, and upon complaint under oath of any person to any justice of the
peace for Dorchester county of a violation of said charter, by-laws or
ordinances, the said justice shall issue his warrant in the name of the State of
Maryland, directed to any bailiff of said town, or to the sheriff, or to any
constable of said county, for the arrest of the party charged in such warrant,
and shall hear and determine said complaint, and if said justice shall find the
party so charged guilty, his judgment shall be for the payment of such fine,
penalty or forfeiture as may be imposed by the charter, by-laws or ordinances
charged in said warrant to be violated, and costs, and the party shall stand
committed to the county jail until said fine and costs are paid to said justice,
or until the expiration of thirty days, whichever shall first occur; and the
justice aforesaid shall, immediately upon the payment of the fine imposed and
collected by him under this section, pay over the same as all other fines to the
commissioners of Dorchester county; and if the party charged shall be declared
not guilty, the commissioners of Dorchester county shall pay the costs; any
party aggrieved by such judgment shall have the right to appeal therefrom within
thirty days from its rendition, upon giving bail for his appearance to the next
term of the circuit court for said county, in such penalty as said justice may
determine, and the judgment of said court, in the event of the party charged
being found guilty, shall conform to that herein prescribed for the justice of
the peace; and the state shall also have the right of appeal within the same
time from any judgment rendered by a justice as aforesaid, and the party found
guilty shall, in that case, likewise give bail for his appearance to the circuit
court; and it is further provided, that the grand jury for said county may
indict any person for a violation of said charter, by-laws or
ordinances as for other criminal offenses, and the indictment shall conclude
"Against the charter, by-laws or ordinances of the town of East New Market," as
the case may be.
SECTION 25. Nothing herein contained shall interfere with the functions of the existing commissioners of said town, until the election and qualification of their successors under this act; but they shall possess the same powers which they now hare, and the existing laws of said town shall continue in force and be effective until the election and qualification of a new board of commissioners as aforesaid.
SECTION 26. Be it enacted, That the commissioners of Dorchester county shall, on the first day of. May next, and annually thereafter, pay to the commissioners of East New Market the sum of twenty dollars, for the purpose of assisting in keeping up the streets within the corporate limits.
SECTION 27. Be it enacted, That the commissioners of Dorchester county are hereby authorized, in their discretion, to grant unto the commissioners of East New Market the right and permission to haul dirt and sand from the county road just beyond the East New Market depot, where the sand is heavy, for the purpose of filling up the sidewalks of said town.
SECTION 28. And be it enacted, That this act shall take effect from the date of its passage.
Approved April 8, 1884.