114

LAWS OF MARYLAND.

CHAP. 95

lanes and alleys in said town, and impose a tax on any lot
fronting on any street, lane or alley, for the purpose of
grading, regulating, paving and repairing the footways in
front thereof, or compel, by fine or otherwise, the owners of
any lot to pave or repair the footways in front thereof, agree-
ably to the ordinance to be passed by them, and shall have
power to open and establish new streets, lanes and alleys,
and straighten and widen old streets, lanes and alleys, and
to provide for the payment of damages and expenses incurred
for opening and widening or straightening, grading, paving
and repairing the streets, lanes and alleys as aforesaid, by lay-
ing and assessing the same generally upon the whole of the
assessable property of the town over and above the assess-
ment provided for in Section 162 of this Act, or upon the
property of person or persons to be benefited thereby, and
to be collected as provided for collection of taxes in Section
162 of this Act.
Section 160 A. And be it enacted, The commissioners may

Damages
awarded, etc.

contract and agree with the owner of property, through or
over which a street is to be extended, widened or opened,
for the amount of damages sustained by or advantages
accruing to such owner, and may provide for the adjustment
and payment of same.
Section 160 B. And be it enacted, That whenever said com-

Duty of com-
missioners
in case of
failure to
agree.

missioners and the owner of any such property cannot so
agree, then said commissioners and such owner shall each
select one disinterested citizen of the county, who, if they
cannot agree, shall call in a third citizen of the county, and
they shall visit the property to be affected by the proposed
street and assess the damages and advantages which may
accrue to such property or the owner thereof, and they shall
make their award in writing to said commissioners and to
such owner; and either party may appeal from such award
to the Circuit Court for Kent county; provided, the opposite
party be notified of such appeal within thirty days from the
date of the award.
Section 160 C. And be it enacted, That whenever any owner

How commis-
sioners may
proceed to
estimate
damages.

of such property refuses or declines to act under the pre-
ceding section, or is unknown or inaccessible to said commis-
sioners, or incompetent to contract, said commissioners may
proceed as directed in the preceding section after giving
public notice of their intention by advertisement in some