410

WASHINGTON COUNTY. [ART. 21.

and costs be paid; but such person so convicted and
imprisoned may be discharged after the space of ten
days from the date of his commitment, upon satisfac-
tory proof adduced before said justice or burgess, upon
affidavit or oral testimony under oath that said person
is wholly unable to pay said fine, penalty, forfeiture

Proviso.

and cost; provided, said fine, penalty, forfeiture and
costs do not exceed five dollars, in which case said per-
son so convicted and committed shall not be discharged
until after the expiration of thirty days from the time

Sheriff.

of his commitment. And the sheriff of said county
shall receive and safe keep such person according to
the tenor of the commitment, and shall be entitled to
his usual fees, to be paid by said corporation, if such
person so committed is unable to pay said fine, penalty,
forfeiture and costs.

Power to open,

&c, streets, &c

Sub-Sec. 1. The burgess and commissioners of said
town shall have power to pass all necessary ordinances
to open, grade, macadamize, pave, gravel or otherwise
improve any street, lane or alley, in said town, or open
and improve any proposed street, lane or alley, and
construct water-ways, sewers, &c., through any portion
of said corporate limits whenever a majority of the
property holders on such street, lane or alley, or along
such water-course shall certify their desire in writing
to have such improvement made to the burgess and
commissioners: and the said burgess and commission-

Tax to pay ex-
penses.

ers may levy an ad valorem tax, either generally on
the whole property assessable of said town, or specially
on the property of persons to be benefitted, for the
whole or any part of the damages and expenses in-
curred in making said improvement, and said tax shall
be collected by the town collector in the same manner
and by the same means as other town taxes.

Approved and in force April 4, 1870.
1870, c. 278 adds the following:

1870, c. 278, s. 1.
Power to intro-
duce water.

341. The burgess and commissioners of the corpora-
tion of Smithsburg shall have power in their corporate
capacity to introduce into the town of Smithsburg, in