JOHN WALTER SMITH, ESQ., GOVERNOR.

587

for public use in opening, widening or extending any street
or alley as aforesaid, for the notice to be given in relation
thereto for the payment of the damages so awarded and for the
collection and mode of payment under any action allowed by
law for the benefits so determined to be assessed ; and to pass all
ordinances necessary and proper to the exercise and enforce-
ment of the powers granted in this section; provided that no
land or property shall be taken under the powers given in this
section without the payment or tender of just compensation
therefor to the party entitled to such compensation as agreed
on with the owners of such property or awarded by jury, and
provided further that the ordinance or ordinances regulating
the condemnation of land or property lying wholly or partly
in Mt. Airy, shall provide for a reasonable notice to the
owners or owner thereof, and for appeals to the Circuit Court
of Carroll County by any person interested, including the
Mayor and Council of Mt. Airy, from the decision of any
commissioners or other persons appointed to value or assess
damages for the taking of any such land or property or interest
therein.

Condemnation
of land and
property taken
for public use
in opening
streets, etc.

Sec. Q. The said Mayor and Council shall have the power
to grade and pave the streets and alleys within the corporate
limits, and to regulate the width thereof; to lay flagstones
across said streets and alleys whenever necessary; to provide
of what material the said streets and alleys shall be kerbed,
and how the same shall be done and kept in repair; they may
require the owners of the lots of ground in front of which said
grading and paving and repairing of sidewalks are to be done,
to do the same at their own expense, and if any owner of a
lot shall neglect to grade and pave the sidewalks in front of
his lot or premises, or repair the same when necessary, for the
space of two months after notice has been given him by the
Mayor or Town Clerk, in writing, requiring the same to be

Power to
grade and pave
the streets
and alleys.

done, the Mayor and Council may cause the same to be done at
the expense of the owner of the lot, which expense shall be a
lien on said lot of ground until paid, and may be recovered
from the said owners by the Mayor and Council as other debts
of like amount are recovered in this State by law; they may
also require the owners of the lots of ground fronting on either
side of the street, graded and paved as aforesaid, to pay
two-thirds of the expense incurred in grading and paving
the same, to be apportioned among them by the Mayor and
Council, payable whenever said work may be finished; such
apportionment to be in proportion to the front feet of said lots
owned by them respectively; and whenever payment thereof

How paid for.