Wade v. Saint Mary's Industrial School

Brent, J., delivered the opinion of the Court. This appeal is from a decision of the Circuit Court for Baltimore County making perpetual a preliminary injunction, which had been granted at the filing of the bill, to restrain the appellants from proceeding to construct a road, designated as Wilkins’ Avenue, through the lands of the appellee. The proceedings to construct and ojien this avenue as a public highway had been commenced and were being carried on under the provisions of the Act of 1870, ch. 309, a public local law relating to roads in Baltimore 'County. Section 16 of that law requires the County Commissioners, when objections are filed, as was done in this case, to the action of the board of road supervisors, to issue their warrant to the sheriff, directing him to summon a jury to meet upon the premises to hear and determine the question of damages.

This warrant had been issued, but before the time appointed for the meeting of a jury all further proceedings were restrained by the service of the injunction. That the action of a jury is essential to complete the steps necessáry to be taken towards opening the road in question through the lands of the appellee, is conceded. It has not been attempted to sustain the proceedings of the appellants under any other law but the Act of 1870, above referred to, and it is very clear if the power and authority, claimed and attempted to be exercised by them in the steps taken, are not conferred by its provisions, they nowhere exist. Upon examination we find that this law has been wholly’ repealed by the Act of 1874, ch. 274, and that the latter ¹⁸¹ Act lias adopted and introduced a totally different mode, for the opening of roads in