2590 ARTICLE 11.

1902, ch. 476, sec. 359A. 1918 Code, sec. 527.

535. The burgess and commissioners of Middletown shall have power
to provide for the laying out, opening, grading, widening and extending
any street or alley within the taxable limits of said town, and may fix the
dimensions thereof, which in their judgment the public welfare or con-
venience may require; to provide for ascertaining whether any and what
amount of value of damages will he caused thereby for which the owner
possessor of the property through or over which such street or alley may
pass, ought to be compensated and paid, and for assessing or laying either
generally on the whole of the assessable property within said town, or
specially on the property of the persons benefited by said improvement,
the whole or any part of the damages and expenses which may be incurred
in laying out, opening, grading, widening or extending such street or
alley; to provide in case they determine to levy and assess the whole or
any part of the damages and expenses upon the owners of the property in
said town specially benefited by such improvements, for the apportion-
ment among them of such damages and expenses so determined, to be
levied upon them in due proportion to the amount of benefits by them re-
spectively received; to provide for the condemnation of all land and prop-
erty so taken for public use in opening, grading, widening or extending
any street or alley as aforesaid, and to provide for the notice to be given
in relation thereto for the payment of the 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; to pass all ordinances 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 pow-
ers granted in this section without payment or tender of just' compensa-
tion therefor to the party entitled to such compensation as agreed on with
the owners of such property or awarded by jury; and provided further,
that the ordinances regulating the condemnation of land or property lying
wholly or partly within the taxable limits of the town of Middletown shall
provide for a reasonable notice to the owner or owners thereof, and for ap-
peals to the Circuit Court for Frederick County by any person interested,
including the burgess and commissioners of Middletown, from the deci-
sion of any commissioners, jury or other persons appointed to value or
assess damages for taking of any such land or property or interest therein
under the powers granted in this section.

1914, ch. 796, sec. 359B. 1918 Code, sec. 528.

536. In addition to the powers conferred upon the Burgess and Com-
missioners of Middletown, they shall have power to regulate, by ordi-
nance, the building and maintenance of smoke flues, fire places, hot air
flues, boilers, smoke stacks, chimneys and stove pipes, and to have any
such removed, repaired or reconstructed whenever, in the judgment of the
Burgess and Commissioners of Middletown, the same may be dangerous
to or menace the property wherein such structures are, or any adjacent or
contiguous property and the expense of altering, removal, repairing or re-