512 LAWS OF MARYLAND.

the provisions of this sub-title of this article, can and shall
be had and taken so far as the same may be applicable, for
macadamizing, graveling, shelling, paving or curbing any street,
avenue or alley, or part thereof.

393. A tenant for ninety-nine years, or for ninety-nine
. years renewal forever, or the executor or administrator of
such tenant, or guardian of an infant owner, or trustees under
deeds or wills, or orders of court, in whom the legal title
is vested, or a mortgage in possession, shall be deemed and
taken as owners for the purpose of any application author-
ized and provided for by this sub-title of this article; and the
application of any such person shall bind the property so
represented for any assessment or tax made under the provis-
ions of this sub-title of this article; and when a part of a lot
of ground shall be condemned for such street, avenue or alley,
or part thereof, and the residue of the lot shall be affected or
injured for the purpose for which it is used, or its value be
impaired for building purposes, the fact shall be taken into
consideration in assessing and awarding damages for the
part taken, and in assessing benefits on the residue of such
lot; and whenever any street or avenue, or any part thereof,
for which application is made to be condemned, opened, graded
and constructed under the provisions of this sub-title of this
article, and all or any part of the bed of a road, street or
avenue shall be adopted and used which may have already
graded and constructed, or partially graded and constructed,
by the owners of the ground bounding and fronting thereon,
or by their grantors or other persons prior to such adoption,
condemnation and use thereof by the examiner or examiners
appointed under the provisions of this sub-title of this article,
said examiner or examiners shall, in awarding damages, and
in assessing benefits, take all such facts into consideration,
and make a just and proper allowance for such amounts as
may have been already expended upon such road, street or
avenue, or part thereof.

394. In all contracts of any description made under this
sub-title of this article, the examiner or examiners shall re-
serve twenty per cent, of the amount of such contracts, to be
held by him or them as security for the faithful completion of
the same until the same shall have been satisfactorily com-
pleted; and the said twenty per cent, shall be deducted and
reserved from each and every payment under said contracts;
and should the contractor, under any contract made under
the terms of this sub-title of this article, fail to complete
said contract, all sums unpaid at the time of such default,
including the twenty per cent, above referred to, shall be for-