250 BALTIMORE COUNTY. [ART. 3

after deducting the cost and expenses of advertising and of sales,
shall be paid into said fund.

1876, ch. 399. 1888, ch. 542.

228. 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 difference 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 damages; and any lands for which damages may have been
awarded may be entered upon and taken possession of; and any
building or improvements 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 thoroughfare; but if the amount of
damages awarded in any case 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 build-
ings or improvements of any kind shall be taken possession of
for which said damages were awarded without the written consent
of the owner thereof until such difference is paid, or tendered to
be paid, to the parties legally entitled to receive the same; any
assessments 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 state-
ment and proceedings of the examiner or examiners shall be satis-
fied and confirmed as herein provided for; and after such ratifica-
tion 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 instituting an
action of assumpsit for the amount of money assessed upon the
owner of said piece of property before the circuit court for the