Compensation
for opening
Streets, etc.
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176. In every case where it shall be necessary, in order to
effect the object proposed under any of the ordinances provid-
ing for the laying out, opening, widening or straightening, in
whole or in part, any street, square, lane or alley, that a por-
tion only of a lot or of a lot and improvements shall be taken
and used or destroyed, and the owner or owners thereof shall
claim to be compensated for the whole, the said Commission-
ers in such cases may, if they deem it best, and not otherwise,
accept a surrender in writing of the whole of said lot and
improvements, or the whole of said improvements from said
owner or owners, in which event the said Commissioners
shall ascertain the full value thereof, as if the whole lot or
lots and improvement or improvements, as the case maybe,
were necessary to be taken and used for such proposed object,
and the whole amount of such valuation, when finally decided
on, shall be paid or tendered to the said owner or owners
before any part thereof shall be destroyed, removed or used,
unless such owner or owners shall assent thereto in writing
as now provided for by law; and the said Commissioners,
after giving ten days' notice in two of the daily newspapers
of the city of the time and place, manner and terms of sale,
shall sell by public auction to the highest bidder, the mate-
rials of any house or houses which it shall be necessary to
remove, in whole or in part, and also the residue of any lot
of which a part shall be taken and used to effect the object
confided to the Commissioners, and which residue shall have
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Sale of mate-
rial.
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been, with the consent of the Commissioners aforesaid, sur-
rendered by the owners thereof as aforesaid; the purchase
money to be paid when full possession shall be given of the
property or material so sold; and the said Commissioners,
or a majority of them, on receiving the purchase money
aforesaid, and not before, shall, by a good and sufficient
deed, convey the lot or lots of ground by them so sold to
the purchaser; but no such sales shall be made until after
the Commissioners have assessed the entire amount of
damages and expenses as are now directed to be assessed
by existing ordinances relating to the condemnation of
streets, nor until all damages for taking said property shall
have been paid or tendered to the proper party or parties, or
invested or paid into Court, as by law required, nor until the
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