ACT. 1. ] ALLEGANY COUNTY. 319

of its ever increasing use as a depository for filth and other
refuse, and as the outlet of many sewers and drains, the stream

commonly known as the Mill Race, in the city of Cumberland,
has become a source of annoyance and likewise a menace, if
not an injury, to the health of those living and working within
the zone of its influence, and it is necessary to remedy this

evil by changing and improving said mill race in such manner
as may be found expedient; therefor,

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Joseph White, William D. Paisley and Hazelhurst
Sprigg be and they are hereby constituted commissioners, with
full power and authority, and as such are hereby required and

directed forthwith so to straighten, deepen or otherwise alter
and improve and make permanent the course or channel of
said mill race, as they, or a majority of them, may deem neces-
sary or desirable, in order to make the same an ever-flowing,
self-cleaning water course or drain; and to this end are hereby
further empowered and directed to let by contract the supply-
ing of all necessary materials and labor and the doing of all
necessary work, or themselves to purchase said materials, hire
said labor and do said work, or themselves to do part and let
other part or parts, as they or a majority of them may deem
expedient.

SEC. 2. And be it enacted, That to the end aforesaid the said
commission, or a majority of them, are hereby empowered and
directed to acquire, in the name and for the use of the city of
Cumberland, any property that may be needed or desired, either
by agreement with the owner thereof, or, if the owner be out
of the county or for any cause be legally incapable of con-
tracting, by condemnation in the manner prescribed by sections
251 and 252 of article 23 of the Code of Public General Laws of
the State of Maryland, and to borrow temporarily such sums
of money as may be needed to pay therefor, pending payment
for said improvements as hereinafter provided.

SEC. 3. And be it enacted, That the cost of said improvements
shall include the sum paid for property as hereinbefore pro-
vided, and also the sum of three hundred dollars, to be equally
divided among the commissioners acting as compensation for
their services; and that not exceeding two-thirds of said cost
shall be assessed and levied by said commissioners, or a
majority of them, in the manner provided by the charter of the
city of Cumberland, upon the owners of the property abutting
upon said mill race, according to the number of front feet
owned by each, and that the remainder thereof shall be paid by
the city of Cumberland, and that said assessment and levy