328 CITY OF BALTIMORE. [ART. 4.

same to be paved, cleaned out, mended, or otherwise repaved or
kept in good condition or repair, and may impose upon and
collect from all the proprietors of the property so to be cleaned
out or repaired a tax sufficient in amount to defray the expenses
thereof, which shall be assessed upon the proprietors in propor-
tion to the number of feet held by them respectively in front, or
length, and shall be collected by the mayor and city council as
taxes levied for paving public streets.

852. They may pass all ordinances necessary for grading,
regulating, paving and repairing the footways in the streets,
lanes and alleys of the city, and impose a tax on any lot or lots
fronting on any paved street, lane or alley for the purpose of
grading, regulating, paving or repairing the footways in front
thereof, or compel, by fine or otherwise, the owner or proprietor
of any lot or lots to pave or repair the footways in front thereof,
agreeably to the ordinances to be passed by them.

853. They may, whenever they deem it necessary, compel
individuals, companies or bodies politic owning property binding
on Jones' Falls within the city, to wall up such property so far
as the same may bind on the falls, in such manner as they may
by ordinance direct.

854. Whenever the board of health shall certify in writing to
the mayor that it is necessary for the health of the city to alter
the grade of any street, lane or alley on low or made ground,
the mayor shall issue his order to the city commissioners, who
shall thereupon call upon the several property holders on such
street, lane or alley, and procure from them their assent in writ-
ing to such alteration; and if any property holder shall refuse
to permit the same to be graded, and shall require damages
therefor, and cannot agree with the commissioners as to th,e
amount of damages, or should there be any legal disability on
the part of those owning property on such street, lane or alley,
the judge of the Superior Court of Baltimore ^ity, on applica-
tion of the corporation, shall appoint three disinterested persons
to assess such damages, who shall return on oath their award to
said court, and the same shall be confirmed by the court unless
cause to the contrary be shown; in which case the court shall
at the first term thereafter decide finally thereon; and when
the damages so assessed or agreed upon shall be "paid by the
corporation of the city to the persons so assessed and legally