BALTIMORE COUNTY. 757

1888, ch. 542. P. L. L. (1888), Art. 3, sec. 228. 1876, ch. 399. B. Co. C. (1908),
sec. 389. 1916, sec. 532. 1928, sec. 628.

628. Whenever any assessment for benefits for condemning, opening,
grading and constructing any street, avenue or alley, or part thereof, or
a thoroughfare, exceeds the amount of damages awarded, the assessment
for benefits may be credited with such amount of damages and the dif-
ference shall be the amount due and collectible for benefits, and such
credit shall be recognized and taken as a full settlement, discharge and
payment for all such damage; and any lands for which damages may have
been awarded may be entered upon and taken possession of and any
building or improvement of any kind for which damages may have been
awarded may be taken possession of for the purpose of opening, grading
and constructing such street, avenues or alleys, or part thereof, or thor-
oughfare, but if the amount of damage awarded in any cost shall exceed
the amount of benefits assessed, the difference shall be the amount due and
payable; and no part of any street, avenue or alley or thoroughfare shall
be opened, graded and constructed over the land and no building or im-
provements of any kind shall be taken possession of for which said dam-
ages were awarded without the written consent of the owner thereof until
such difference is paid or tendered to be paid to the parties legally enti-
tled to receive the same; any assessment made for benefits under this sub-
title of this Article shall be a tax and lien on the property upon which
the same is assessed and shall be due and collectible at any time after the
statement and proceedings of the examiner or examiners shall be ratified
find confirmed as herein provided for; and after such ratification and
confirmation, the said examiner or examiners shall proceed forthwith to
notify the owner of the property assessed for benefits by means of bills
specifying the sum so assessed and warning him that if the same is not
paid within sixty days from the date of said bill the said examiner or
examiners will either proceed to sell the specific piece or parts of property
on which such unpaid sum of money shall have been assessed, or by in-
stituting an action of assumpsit for the amount of money assessed upon
the owner of said piece of property before the Circuit Court for the
county or such court of Baltimore City as may have jurisdiction in the
matter, or before a justice of the peace if the amount is less than one
hundred dollars, and recovering a judgment for said amount, which said
judgment may be enforced against the estate and property of the party
so assessed. If the said examiner or examiners shall proceed to sell the
specific piece or parts of property on which such unpaid sum of money
shall have been assessed, he or they shall proceed as follows, viz.: By
giving not less than thirty days' notice of said sale by publication in one
or more newspapers published in Baltimore County once a week and in
one or more newspapers of general circulation published in Baltimore
City twice a week for three successive weeks and he or they shall cause
a copy of said notice to be posted on the premises at least ten days before
the day of sale; and in case the property so assessed is susceptible of divi-
sion, said examiner or examiners shall select two appraisers, who shall go