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first day of January, in the year eighteen hundred and fifteen, at the city df
Baltimore, to wit, at the county aforesaid, and on divers other days and
times between that day and the day of impetrating the writ in this cause
and up to the time of impetrating said writ, wrongfully and injuriously turn-
ed and diverted certain streams of water, and graded and paved certain
streets, and cut down certain grounds, and erected and made certain dams
and ditches and embankments, by means and in consequence whereof, the
waters whereon and whereat the said pieces of ground and wharves in the
first and second counts hereof, and the said wharf in-the last count hereof
mentioned, do severally and respectively lie and bound as aforesaid, were
at the times aforesaid, and continually up to the time of the impetratin°- the
writ aforesaid, obstructed and filled up with sand, and dirt, and clay, and
otherwise, and the depth of said waters lessened, and the said Craig and
Barron disturbed in the use, and deprived of the benefits and advantages
aforesaid of said pieces of ground, and wharves, and wharf, and of said build-
ings and appurtenances; and the said mayor and city council of Baltimore
kept up and continued to the time aforesaid, and yet keep up and continue,
the obstructions and injuries aforesaid on those several days and times, and
during all the time aforesaid, and ever since have, by the mayor and city
council of Baltimore, been greatly injured and disturbed in the use, enjoy-
ment, value, profit, and advantage, as aforesaid, of said pieces of ground,
and wharves, and wharf, and buildings and appurtenances, and could not
nor can have and enjoy the same in so large, ample, and beneficial a man-
ner as they otherwise, during all the time aforesaid, and thereafter, and
henceforward, might, would, and ought to have had and enjoyed, and to have
and enjoy the same, to wit, at the city of Baltimore, at the county aforesaid.
Wherefore the said Craig and Barron say that they are injured, and have
sustained damage to the .value of twenty thousand dollars; and therefore they
bring suit, &c. *
DAVID HOFFMAN.
PETER H. CRUSE.
CHARLESF.MAYER. -
And thereupon, on motion of the said John Craig and John Barron, by
their attorneys aforesaid, it is ruled by the court here that the mayor and .
city council aforesaid answer to the declaration aforesaid of the said John
Craig and John Barron, in the plea aforesaid, or judgment by the court here
will be rendered against them in default thereof; and the mayor and city
council of Baltimore aforesaid, by their said attorney, defend the force and
injury, when, and so forth. Thereupon, further process of and upon the
premises aforesaid, between the parties aforesaid, by consent of the said par-
ties, and their attorneys aforesaid, and by order of the court here thereon, is
continued until the third Monday in September next '
At which said third Monday in September, to wit, in the year of our Lord
one thousand eight hundred and twenty-five, come again into the county
court here the parties aforesaid, by their attorneys aforesaid; and the mayor
and city council aforesaid, by their said attorney as before, defend the force
and injury, when, and so forth. Thereupon, further process of and upon the
premises aforesaid, between the parties aforesaid, by consent of the said par-
ties, and their attorneys aforesaid, and hy order of the court here thereon,
is continued until the fourth Monday in March next.
9
At which said fourth Monday in March, to wit, in the year of our Lord
one thousand eight hundred and twenty-six, come again into the county
court here the parties aforesaid, by their attorneys aforesaid; and the mayor
and city council aforesaid, by their said attorney as before, defend the force
and injury, when, and so forth. Thereupon, further process of and upon the
premises aforesaid, between the parties aforesaid, by consent of the said par-
ties, and their attorneys aforesaid, and by order of the court here thereon, is
continued until the third Monday in September next.
At which said third Monday in September, to wit, in the year of our
Lord one thousand eight hundred and twenty-six, come again into the county
court here the parties aforesaid, by their attorneys aforesaid; and the mayor
and city council aforesaid, by their said attorney as before, defend the force
and injury, when, and so forth. Thereupon, further process of and upon the
premises aforesaid, between the parties aforesaid, by consent of the said par-
ties, and their attorneys aforesaid, and by order of the court here thereon,
is continued until the fourth Monday in March next.
At which said fourth Monday in March, to wit, in the year of our Lord
one thousand eight hundred and twenty-seven, come again into vhe county
court here as well the said John Craig and John Barron, by Charles F.
Mayer, David Hoffman, and Upton S. Heath, and Hugh D. Evans, their
attorneys, as the mayor and city council aforesaid, by John Scott and Roger
B. Taney, their attorneys; and the mayor and city council aforesaid, by
their said attorneys as before, defend the force and injury, when, and so
forth. Thereupon, further process of and upon the premises aforesaid, be-
tween the parties aforesaid, by consent of the said p:\rties, and their attor-
neys aforesaid, and by order of the court here thereon, is continued until
the third Monday in September next.
At which said third Monday in September, to wit, in the year of our
Lord one thousand eight hundred and twenty-seven, come agVm into the
county court here the parties aforesaid, by their attorneys aforesaid; and
the mayor and city council aforesaid, by their said attorneys as before,
defend the force and injury, when, and so forth, and say that they are not
guilty of the premises in tite declaration aforesaid mentioned, in manner and
form as the said John Craig and John Barron above ag-.unst them have com-
plained, and of this they put themselves upon the country; and the said John
Craig and John Barron," in like manner, and so forth. Thereupon, further
process of and upon the premises aforesaid, between the parties aforesaid, by-
consent of the said parties, and their attorneys aforesaid, and by order of
the court here thereon, is continued until the fourth Mon-Jay in March next.
At which suid fourth Monday in March, to wit, in the year of our Lord
one thousand eight hundred and twenty-eight, comes again into the county
court heie, as well the said John Barron, one of the said plaintiffs, by
Charles F. Maycr, David Hoffman, Upton S. Healh, and Hugh D. Evans,
his attorneys, as the mayor and city council aforesaid, by their attorneys
afores-ml; and the said John Craig doth not come; and hereupon, the said
•John Barron, by his said attorneys, suggests to the court here that after the
last continuance of the plea aforesaid, and before this day, that is to say, on
the day of last, past, the said John Craig, one of the parties, plaintiff
in the pica aforesaid, departed this life, and whom the said John Barron
hath survived, which is not denied. Whereupon, for trying the issue above
joined, it is ordered by the court here that twenty persons from the panel
°f jurors returned to the court here bv the sheriff of Baltimore county afore*
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