BALTIMORE CITY. 857
to examine, inspect, regulate, make or repair the same, such person, when
not otherwise appointed by it to be appointed by the Commissioner of
Health, if the sewer or drain be a private sewer or drain, though con-
nected with a public sewer, so far as said private sewer or drain shall
be upon private property, and to be appointed by the City Engineer
for all other sewers or drains; and in the case of private sewers or drains,
the regulations, making or repairing of the same to be at the expense
of the owners of the property, real or leasehold, served by said sewers or
drains, and with power also to make any and all costs and expenses
incurred in or about the regulation, making or repairing of private sewers
or drains a lien upon the interests of the owners in the real or leasehold
property served by said sewers or drains, with power also to provide for
the enforcement of such liens by sale of the property, whether real or
leasehold; to condemn any land or interest in land in the mode provided
in this Article for the use of the Mayor and City Council of Baltimore
in the construction of any sewers or sewerage system; to inspect and regu-
late house drainage and sewerage connections, and to prescribe the kind
and quality of material to be used for such purposes. But all work done
in making, repairing or altering within private property, that is, not in
any public street, public lane, public alley or public property, any private
sewer or drain or waste or ventilating pipe connecting with a sewer, either
public or private, shall be done under the supervision of the Inspector
of Plumbing of said City under the direction of the Commissioner of
Health and under a permit from the Commissioner of Health or his
authorized assistant, to be issued only to any person duly qualified to do
such work under said Article 4 of the Public Local Laws of Maryland,
said permit to be issued in accordance with any ordinances now existing
or which may hereafter be passed by the Mayor and City Council of
Baltimore not in conflict herewith, or in accordance with any rules which
may be adopted by said Commissioner of Health not in conflict herewith
or with such ordinances. No other permit from any other officer what-
ever shall be required for said work and no charge shall be made by the
Commissioner of Health for inspecting the work done under any permit
issued as herein provided. No charge shall be made by the City Engineer
or any other officer for inspecting any work in the public streets, public
lanes or public alleys of said city done in connection with private sewers
or house drains.
Kirby v. Citizens Ry. Co., 48 Md. 168. Kranz v. Mayor. 64 Md. 491. Hitchins v.
Frostburg, 68 Md. 108. Chesapeake & Potomac Tel. Co. v. McKenzie, 74 Md. 48.
Baltimore City v. Schnitker, 84 Md. 43. Baltimore City v. Cowen. 88 Md. 447.
Cahill v. Baltimore City, 93 Md. 233.
See also. Short v. B. C. P. Ry. Co.. 50 Mel. 73. P.. W. & B R. R. Co. v. Davis. 68
Md. 283. Frostburg v. Duffy. 70 Mel. 47. Hitchins v. Frostburg. 70 Mel. 57. Lion
v. B. C. P. Ry. 90 Md. 266. Guest v. Commissioners Church Hill, 90 Mel. 689.
City not liable for failure to make improvements recommended by its officers.
Evidence admissible to prove whether a sewer is of sufficient capacity to carry off
water in seasons of ordinary rainfall. City not compelled to grade, pave and place
gutters so as to prevent property being flooded by water when private parties
change the configuration of adjacent land not belonging to the city.
Kurrle v. M. & C. C., 113 Md. 63.
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