196

LAWS OF MARYLAND.

of the city of Baltimore, if extended, would pass said
stream, and to enter upon, locate, condemn and open
the road leading from the termination of Baltimore
street, in the direct line thereof, to the Garrison
Forest Road running between the Calverton Turn-
pike Road and the Baltimore and Frederick Turn-
pike Road, and to change the grade of said road to
he condemned and opened, and to gravel, curb and
pave the same; and also to change the grade of the

Proviso.

Calverton Turnpike Road where it crosses Gwynn's
Run; provided, that the written consent of the own-
ers of said Calverton Turnpike to any proposed
change of grade of said toad shall be first obtained.

Repealed.

Sec. 2. And be it enacted, That so much of the
section second, of the aforesaid original act, as de-
clares that no allowance shall be made to any of
the property holders for any land required for the
bed of said street or road, or for any material on,
adjacent to, or in the vicinity of the line of said
street or road, be and the same is hereby repealed.

Condemna-
tion of land.

Sec. 3. And be it enacted, That said commission-
ers, or a majority of them, shall have power to con-
demn any land required for the bed of the said street
or road, and also to condemn and take away any ma-
terial on, adjacent to, or in the vicinity of the line of
said street or road that may be required for the
construction of said bridge, or the grading and con-
struction of the bed of said street or road and shall
have power to assess and value the damages sus-
tained by the owners of the lands over which the
said road is to be located, or from which the said
material may be taken, taking into consideration
the benefits or disadvantages of said road as the
case may be, to such owners; this section not to be
construed to interfere with the proviso in the fourth,
section.

Apportion-
ment of costs.

Sec. 4. And be it enacted, That the said Com-
missioners shall after having ascertained the whole
amount of damages as aforesaid, and the aggregate
of the cost, (according to the contracts entered
into, ) for building said bridge and grading, curb-
ing and paving said road as provided in the second
section of said act, and after having added thereto,
an estimate made by them of the probable amount
of expenses to be incurred in the performance of
the duties herein required of them, shall proceed
to assess and apportion the cost of said improve-