150

LAWS OF MARYLAND.

shall be made until after the Commission have assessed the

Assess the en-
tire amount of

entire amount of damages for taking said property shall have

(damages.

been paid or tendered to the proper party or parties, or in-

vested or paid into court, as by law required, nor until the

said Commission is able to give possession to the said pur-

chaser or purchasers of property and materials aforesaid ; and

the said Commission is duly empowered to take and receive

a good and sufficient bond from the purchaser or purchasers

aforesaid, with a penalty to the Mayor and City Council of

Baltimore conditioned that the purchase money be duly paid

at such times as the said Commission shall demand the same.

and conditioned further that said purchaser or purchasers shall

remove, within twenty days' after notice from the said Commis-

sion, from the bed of the street all such material so sold and all

rubbish or other obstruction in said street occasioned thereby ;

and in event of the purchaser or purchasers not complying

with the terms of the said sale, the Commission shall resell the

said lot or lots, and improvement or improvements, or ma-

terial or debris, thereon, as the case may be, at the risk of the

former purchaser, giving not less than five days' notice of

said re-sale in two of the daily newspapers of the city afore-

said ; provided, however, that when, in the judgment of said

Commission, a part of the whole of the improvements of any

lot can be taken without destroying the whole of said lot or

said improvement for the purpose for which the lot or

improvement are used, or for building purposes, the said

Condemnation

Commission shall only condemn such part of said whole lot

of parts of
lots.

or improvements as is necessary for the proposed object, and

shall award to the owner or owners of the part of the lot or

improvement so taken such damages, and assess upon the

remainder thereof such benefit as in their judgment shall be

right and proper; and, provided, further, that in all cases where

there are debris or other obstructions lying and being in beds

of streets, lanes or alleys in process of laying out, opening,

videning. straightening or extending, or establishing any build-

ing line, or in the width of any sidewalk, or in opening any

square or market space, or making any addition or extension

to the basin or harbor, or wharves or docks aforesaid ; when

.

the same will not. in the judgment of the said Commission,

sell by public auction for the amount of the expense of said

sale, then the said Commission may and it is hereby authorized

to sell the same at private sale.

SEC. 10. And be it enacted, That as soon as the Commis-

sion aforesaid shall have completed the valuation of the dam-