ART. 7.] WESTMINSTER. 765

or over which such street or alley may pass, ought to be compen-
sated and paid; and for assessing and laying, either generally on
the whole assessable property within the city, or specially on the
property of persons benefited by such improvement, the whole or
any part of the damages and expenses which may be incurred in.
laying out, opening, extending or widening such street or alley;
to provide in case they shall determine to levy and assess the whole
or any part of said damages and expenses upon the owner of the
property in the city specially benefited by such improvements;
for the apportionment amongst them of the amount of such dam-
ages and expenses BO determined, to be levied upon them in due
proportion to the amount of benefits by them respectively received;.
to provide for the appointment of commissioners to assess said
damages and benefits and prescribe their duties and compensation;
to provide for the condemnation of all land and property so taken
for public use, in opening, extending or widening any street or
alley, as aforesaid; for the notice to be given in relation thereto;
for the payment of the damages so awarded, and for the collec-
tion and mode of payment under any action allowed by law, of
the benefits so determined to be assessed ; and to pass all ordin-
ances necessary and proper to the exercise and enforcement of the
powers granted in this section; provided, that no land or property
shall be taken under the powers given in this section without just
compensation being first paid or tendered to the party entitled to
such compensation as agreed on with the owners of such property,
or awarded by a jury summoned for the purpose by the sheriff of
Carroll county, in the mode and at the time to be prescribed by
said mayor and common council.

1874, ch. 848.

228. They shall have the power to grade and pave streets and
alleys in said corporate limits, and to regulate the width thereof;
to lay flag-stones across said streets and alleys wherever necessary;
to provide of what material the said streets, sidewalks on said
streets and alleys shall be paved and curbed, and how the same
shall be done, and kept in good repair; they may require the
owners of the lots of ground in front of which said grading and
paving or repairing of sidewalks are to be done, to do the same
at their own expense; and if any owner of a lot shall neglect to