756 ARTICLE 3.

the cost of such removal and repairs shall be paid out of the benefits
assessed and the payment of the cost for such removal and repairs shall
be recognized and taken in lieu of and as a full payment and discharge
for any damages to such house or improvement; but if it should be deemed
practicable by the examiner or examiners to remove and repair such
house or improvement, or if the owner thereof should not agree in writing
to such removal, then damages should be assessed and awarded for the
whole of said house or improvement, and when the benefits assessed shall
be credited with the damages awarded, or the damages awarded shall be
credited with the benefits assessed and paid as provided for by the suc-
ceeding section, and the proceeding of the examiner or examiners shall
be fully ratified and confirmed as provided for by this subtitle of this
Article, the examiner or examiners, after giving notice in one or more
newspapers published in Baltimore County and in one newspaper of gen-
eral circulation published in Baltimore City once a week for three suc-
cessive weeks of the time and place, manner and terms of sale, shall sell
the materials of any house or improvement of any kind which it shall be
necessary to remove, in whole or in part, at public auction to the highest
bidder for cash, to be paid on the day when full possession is given of
the materials sold; and the examiner or examiners, on receiving the price
or sum so bid, shall give a receipt for the same to the purchaser thereof;
and the said examiner or examiners are duly empowered to take and
receive a bond of the purchaser of such materials, with a penalty to the
Conroy Commissioners, that the price for which the same was sold shall
be duly paid at such time as the said examiner or examiners is or are
prepared to deliver possession of the same; and the said purchaser shall
remove, within thirty days thereafter, from the beds of the street, avenue
or alley all such materials so sold and all rubbish or other obstructions
in said street, avenue or alley occasioned thereby; and in the event of
the purchaser failing to comply with the terms of said sale, the examiner
or examiners shall resell the said materials at the risk of the former pur-
chaser, giving not less than ten days' notice of said sale in one or more
newspapers published in Baltimore County and in one newspaper of gen-
eral circulation published in Baltimore City, and the expenses of the
said sale and notice shall be paid by the original purchaser; and if the
material so sold shall have remained in the bed of the street, avenue or
alley for the space of thirty clays after such resale, then the examiner or
examiners shall cause the same to be removed and the expenses so incurred
shall be paid out of the assessment for benefits; and it shall be the duty
of the County Commissioners to cause a suit for the recovery of said
expenses to be forthwith instituted against the person by whose fault the
said materials and obstructions have been suffered to remain, and the
amount so recovered shall be paid into the assessment fund for benefits;
and all moneys that may be received by the examiner or examiners from
the sale of any house or improvement, after deducting the cost and ex-
penses of advertising and of sales, shall be paid into the said fund.
Galloway v. Shipley, 71 Md. 243.