BALTIMORE CITY. 1261

capacity both to drain the houses connected with each sewer and such other
houses as may be built abutting on that part of the street, alley or way
in or near which said sewer is located, then the said Commission shall
acquire, and it is hereby directed to acquire said sewer if the same can
be obtained at a sum not exceeding fifty per cent, of what would be the
cost of constructing and laying a sewer of the same kind in the same
place, and if the same cannot be obtained, then the said Commission shall
not be required to acquire said sewer, but said Commission may either
build another sewer to take the place of said private sewer, or, in its
discretion, may acquire said sewer for a sum exceeding fifty per cent, of
said cost, or, in its discretion, may acquire said private sewer by con-
demnation in the method provided by said Chapter 349 of the Acts of
1904; provided, however, that when more than one private sewer shall
exist in the same part of any street, alley or other way, then the said
Commission shall be required to acquire, in the manner and upon the
terms hereinbefore set forth, only thai private sewer which in the opinion
of said Commission will be best suited for said sewerage system, and pro-
vided that whenever any private sewer has been built since the passage of
said Chapter 349 of the Acts of 1904, or shall hereafter be built upon
any agreement with the Sewerage Commission that saiid sewer should
thereafter be taken over by said Commission at a price or on terms agreed
upon, then said sewer shall be so taken over by said Commission; and in
the event of any disagreement or dispute between the owner or owners
of property or properties or of private sewers, or their representatives, and
the said Sewerage Commission as to the location of any lateral sewer or
sewers intended for house connections, or the capacity, location or suitable-
ness of any private sewer, or the cost of constructing and laying a sewer
similar to any private sewer, then the matter shall be referred to a, board
composed of the four city officials constituting the Board of Public Im-
provements of the City of Baltimore, under rules to be adopted by said
Board, and the decision of said Board as to any of said matters so referred
to said Board shall be final and binding on said Sewerage Commission
and the party or parties appealing, and forty days before the work of
construction, of any lateral sewer or sewers intended for house connections
shall be begun, said Sewerage Commission shall give notice by publication
in three or more of the daily newspapers of Baltimore City of the general
location of said sewer, and any property owner or other person interested
in the location of said sewer or in any-private sewer intended to be used
or which might be used in connection with or instead of the intended
sewer, may, within ten days; atfter the first, publication of said notice,
apply to said Sewerage Commission for detailed information as to the
location and construction of said sewer and I as to what, if any, private
sewers are intended to be used, and saiid person may, within said ten
days, protest in writing to said Sewerage Commission against any part of
the proposed plan of said sewer, and thereupon said Sewerage Commission,
at some time within a period beginning ten' days after said first publi-
cation and ending twenty days after said publication, shall make its