JOHN WALTER SMITH, ESQ., GOVERNOR.

849

SEC. 16. And be it enacted, That if the owner or owners of
any land shall refuse or neglect for thirty days after notice to
pave, kerb or repair any footway immediately before his or
her land on the same side of the road, street, lane or alley
therewith, as directed by any ordinance of the Commissioners
consistent with this Act, the Burgess shall cause said work to
be done, and collect the expenses and costs thereof in the
manner that county taxes are collected in Carroll County, or
by action of debt.

Refusal after
notice to pave,
repair, etc.

SEC. 17. And be it enacted, That the Burgess and Commis-
sioners shall have power to provide for laying out, opening,
extending or widening any street or alley in said town, and
fix the dimensions thereof, which in their judgment the public
welfare or convenience may require; to provide for ascertain-
ing whether any and what amount in value of damage will be
caused thereby, for which the owner or possessor of any
property, through or over which such street or alley may
pass, ought to be compensated and paid, and for assessing
and laying either generally on the whole assessable property
within said town, or specially on the property of persons
benefitted by such improvement; the whole or any part of
the damages and expenses which may be incurred in laying
out, opening, extending or widening such street or alley; to
provide in case they shall determine to levy or assess the
whole or any part of said damages and expenses of the owner
or owners of the property in said town specially benefitted by
said improvements, for the apportionment among them of the
amount of such damages and expenses so determined to be
levied upon them in due proportion to the amounts of benefits
by them respectively received; to provide for the appointment

Power to
provide for
opening
streets, etc.

of Commissioners to assess said damages and benefits, and
prescribe their duties and compensation; to provide for the
condemnation of all land and property so taken for public use
in opening, extending or widening any street or alley as
aforesaid, for the notice to be given in relation thereto, for
the payment of all 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 ordi-
nances necessary and proper to the exercise and enforcement
of the powers granted in this section; provided, that no land
or property shall be taken under the powers given in this sec-
tion without just compensation being first paid or tendered to
the party entitled to such compensation as agreed upon with
the owners of such property, or awarded by a jury summoned
for the purpose by the sheriff of Carroll County in the mode

Commission'rs
to assess
damages and
benefits.