CITY OF BALTIMORE. 621
CHAPTER 621.

AN ACT to empower the Mayor and City Council of Baltimore
to compensate the owners of property in the City of Balti-
more injuriously affected by the changes in grade provided
for in Section three and one-half of Ordinance No. 387 of the
Mayor and City Council of Baltimore, approved August 16,
1909, commonly known as the "Grade Crossing Ordinance,"
subject to the provisos in this Act contained.

Whereas, By Ordinance No. 387 of the Mayor and City
Council of Baltimore, approved August 16, 1909, commonly
known as the "Grade Crossing Ordinance," the Mayor and
City Council of Baltimore, in Section 18 of said ordinance,
obligated itself to urge the Legislature of Maryland, at its
session in January, 1910, to pass an Act authorizing the Mayor
and City Council of Baltimore to compensate the property
owners for damages actually sustained by them by reason of
the changes in grades authorized and provided for by Section,
three and one-half of said ordinance.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That the Mayor and City Council of Baltimore be and
it is hereby authorized and empowered to authorize and direct
the Commissioners for Opening Streets, under such system of
procedure, including reasonable notice to the property holders
and the right of appeal by either the property holders or the
Mayor and City Council of Baltimore, to the Baltimore City
Court and the Court of Appeals of Maryland, as it may pre-
scribe, to ascertain and award to the owners of property in
the City of Baltimore injuriously affected by the changes in
grade provided for by Section three and one-half of Ordinance
No. 387 of the Mayor and City Council of Baltimore, approved
August 16, 1909, commonly known as the "Grade Crossing
Ordinance," such damages, if any, as they may find to have
been actually sustained by and directly caused to said prop-
erty by reason of such changes in grade, and at the same time
to assess against the same such benefits as they may find to
have accrued to said owner by reason thereof; provided, how-
ever, that nothing in this Act contained shall be construed as
imposing any duty or obligation upon the Mayor and City
Council of Baltimore, except in the event that said property
holders are judicially declared to be disentitled to recover such
compensation or damages from the Baltimore and Ohio Rail-
road Company; and provided further, that in the event of the
exercise at any time by the Mayor and City Council of Balti-
more of the authority hereby conferred, then nothing in this
Act contained shall be construed as depriving the Mayor and
City Council of Baltimore of any right it may lawfully have to