506 LAWS OF MARYLAND.

giving notice in one or more newspapers published in Balti-
more county, and in one newspaper of general circulation
published in Baltimore city, once a week for three succes-
sive weeks, of the time and place, manner and terms of sale,
shall sell the materials of any house or improvement of any
kind which it shall be necessary to remove in whole or- in part,
at public auction to the highest bidder for cash, to be paid on
the day when full possession is given of the materials sold; and
the examiner or examiners, on receiving the price or sum so bid,
shall give a receipt for the same to the purchaser thereof; and
the said examiner or examiners, are duly empowered to take and
receive a bond of the purchaser of such materials, with a pen-
alty to the Highways Commissioners that the price for which
the same was sold shall be duly paid at such time as the said
examiner or examiners is or are prepared to deliver possession
of the same; and the said purchaser shall remove, within thirty
days thereafter, from the beds of the street, avenue or alley, all
such materials so sold, and all rubbish or other obstructions in
said street, avenue or alley, occasioned thereby; and in the
event of the purchaser failing to comply with the terms of said
sale, the examiner or examiners shall resell the said materials
at the risk of the former purchaser, giving not less than ten
days' notice of said sale in one or more newspapers published
in Baltimore county, and in one newspaper of general circula-
tion published in Baltimore city; and the expenses of the said
sale and notice shall be paid by the original purchaser; and if
the material so sold shall have remained in the bed of the
street, avenue or alley for the space of thirty days after such
resale, then the examiner or examiners shall cause the same to
be removed and the expenses so incurred shall be paid out of
the assessment for benefits; and it shall be the duty of the
Highways Commissioners to cause a suit for the recovery of
said expenses to be forthwith instituted against the person by
whose default the said materials and obstructions have been
suffered to remain, and the amount so recovered shall be paid
into the assessment fund for benefits; and all moneys that may
be received by the examiner or examiners from the sale of any
house or improvement after deducting the cost and expenses of
advertising and of sales, shall be paid into the said fund.

389. 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 dam-
ages 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 recog-
nized and taken as a full settlement, discharge and payment
for all such damage; and any lands for which damages may