BALTIMORE CITY. 985

opening, widening or straightening in whole or in part any street, square,
lane or alley, that a portion only of a lot or of a lot and improvements,
shall be taken and used or destroyed, and the owner or owners thereof
shall claim to be compensated for the whole, the said Commissioners in
such cases may, if they deem it best and not otherwise, accept a surrender
in writing of the whole of said lot and improvements, or the whole of said
improvements, from said owner or owners, in which event the said Com-
missioners shall ascertain the full value thereof, as if the whole lot or lots
and improvement or improvements, as the case may be, were necessary to
be taken and used for such proposed object, and the whole amount of
such valuation when finally decided on shall be paid or tendered to the
said owner or owners before any part thereof shall be destroyed, removed,
or used, unless such owner or owners shall assent thereto in writing, as
now provided for by law; and the said Commissioners, after giving ten
days' notice in two of the daily newspapers of the city of the time and
place, manner and terms of sale, shall sell by public auction to the highest
bidder the materials of any house or houses which it shall be necessary
to remove, in whole or in part, and also the residue of any lot of which
a part shall be taken and used to effect the object confided to the Com-
missioners, and which residue shall have been, with the consent of the
Commissioners aforesaid, surrendered by the owners thereof as afore-
said; the purchase money to be paid when full possession shall be given
of the property or material so sold, and the said Commissioners or a
majority of them on receiving the purchase money aforesaid, and not
before, shall by a good and sufficient deed convey the lot or lots of ground
by them so sold to the purchaser; but no such sales shall be made until
after the Commissioners have assessed the entire amount of damages and
expenses as are now directed to be assessed by existing ordinances relat-
ing to the condemnation of streets, nor until all damages for taking said
property shall have been paid or tendered to the proper party or parties
or invested or paid into Court as by law required, nor until the said Com-
missioners are ready and able to give possession to the said purchaser or
purchasers of property and materials aforesaid, and the said Commis-
sioners are duly empowered to take and receive a good and sufficient bond
from the purchaser or purchasers aforesaid, with a penalty to the Mayor
and City Council of Baltimore, conditioned that the purchase money be
duly paid at such time as the said Commissioners shall demand the same,
and conditioned further that said purchaser or purchasers shall remove
within sixty days after notice from the said Commissioners from the bed
of the street all such materials so sold, and all rubbish or other obstruc-
tions in said street occasioned thereby; and in the event of the purchaser
or purchasers not complying with the terms of said sale, the Commission-
ers shall resell the said lot or lots, and improvement or improvements, as
the case may be, at the risk of the former purchaser, or purchasers, giving
not less than five days' notice of said resale in two of the daily newspapers
of the city aforesaid; provided, however, that where, in the judgment of
said Commissioners, a part only of the whole of a lot or a part of the