ART. 3.] BALTIMORE COUNTY. 507

have been awarded may be entered upon and taken possession
of; and any building or improvement of any kind for which
damages may have been awarded may be taken possession of
for the purpose of opening, grading and constructing such
street, avenue or alley, or part thereof, or thoroughfare, but if
the amount of damage awarded in any case shall exceed the
amount of benefits assessed, the difference shall be the amount
due and payable; and no part of any street, avenue or alley,
or thoroughfare shall be opened, graded and constructed over
the land; and no building or improvements of any kind shall be
taken possession of for which said damages were awarded
without the written consent of the owner thereof until such
difference is paid, or tendered to be paid, to the parties legally
entitled to receive the same; any assessment made for benefits
under this sub-title of this article shall be a tax and lien on
the property upon which the same is assessed, and shall be due
and collectible at any time after the statement and proceed-
ings of the examiner or examiners shall be ratified and con-
firmed as herein provided for; and after such ratification and
confirmation the said examiner or examiners shall proceed
forthwith to notify the owner of the property assessed for bene-
fits by means of bills, specifying the sum so assessed, and warn-
ing him that if the same is not paid within sixty days from the
date of said bill, the said examiner or examiners will either
proceed to sell the specific piece or parts of property on which
such unpaid sum of money shall have been assessed, or by in-
stituting an action of assumpsit for the amount of money as-
sessed upon the owner of said piece of property before the
Circuit Court for the county, or such court of Baltimore city as
may have jurisdiction in the matter, or before a justice of the
peace, if the amount is less than one hundred dollars, and re-
covering a judgment for said amount, which said judgment may
be enforced against the estate and property of the party so as-
sessed. If the said examiner or examiners shall proceed to sell
the specific piece or parts of property on which such unpaid sum
of money shall have been assessed, he or they shall proceed as
follows, viz: By giving not less than thirty days' notice of said
sale by publication in one or more newspapers published in Bal-
timore county once a week, and in one or more newspapers of
general circulation published in Baltimore 'city twice a week,
for three successive weeks and he or they shall cause a copy of
said notice to be posted on the premises at least ten days before
the day of sale; and in case the property so assessed is sus-
ceptible of division, said examiner or examiners shall select
two appraisers who shall go upon the property, value the same,
and lay off and have surveyed so much thereof as in their judg-
ment shall be sufficient to pay said assessment, together with