CHARTERS.

1417

or by the officers of said city, in the execution of their duty,

and any such expenses of paving, and the expenses incident to

the collection thereof, shall be a lien upon the property charge-

able with it; and when the right of the city to recover the

same has been determined, the said mayor and city council

may levy the said expenses of paving and collection, upon the

said property ; and if any of the properly chargeable with the

said expenses of paving and Collection, shall be owned by any

person not resident within the limits of* the city of Baltimore,

then after public notice given at least three times a week for

three successive weeks, in two of the newspapers of the city of

Baltimore, by advertisement, describing the properly chargeable,

the amount of expense with which such property is chargeable,

and if known, the name of the owner or owners of said pro-

perty, then the mayor and city council may proceed to levy said

expenses upon the interest in said property, owned by such

non-resident, without any previous suit to determine their right

to the same, and such non-resident may at any time within

three months, after the said expenses have been levied and col-

lected, institute an action against the said mayor and city coun-

cil of Baltimore, for the recovery of the same, in which action,

if it shall appear that public notice was not given in the man-

ner above directed, or that no such nuisance existed, or that

the paving of said street, lane or alley, was not necessary to

the removal or abatement of any such nuisance, or that said

nuisance was caused by any act or ordinance of the mayor and

city council, or by the officers of said city in the execution of

their duty, such non-resident shall recover the expenses of

paving and collection, so as aforesaid levied upon and collected

from his said properly.

SEC. 8. And be it enacted, That whenever any nuisance dan-

Of other-

gerous to the health of said city, shall exist, or be found in or

wise re-
moving or

upon any vacant lot or lots within said city, the mayor and city

abating

council of said city, may remove or abate the same, and may

nuisances;
like pro-

recover the expenses of abating or removing the same, from the

ceedings.

owner or owners of such lot or lots, in the manner prescribed

by the preceding section ; and the said owner or owners shall

and may avail himself of the same defences against the recovery

of such expenses, as are allowed by said section, to the owner

or owners of property fronting on streets, lanes or alleys, in

actions for the recovery of the expenses of paving any such

streets, lanes or alleys, in order to the removal or abatement of

nuisances, and that the same proceedings may be had by or

against non-residents, owners of such vacant lot or lots, for the

recovery of such expenses, which are allowed to or against non-

resident owners of property, for the recovery of the expenses of

paving, and their collection under said section.

178