EMERSON C. HARRINGTON, GOVERNOR. 101

SEC. 3. And be it enacted, That the Mayor and Council
shall have power, and are hereby vested with said power, to
provide by special or general ordinance, that before beginning
the work of grading, paving, macadamizing, concreting and
curbing of any street, highway, lane or alley, or part thereof,
or regrading, repaving, remacadamizing, reconcreting and re-
curbing of any street, highway, lane or alley, or part thereof,
as provided in Sections 1 and 2 of this Act, that the Board
of Street Commissioners of Hagerstown shall give public no-
tice in one or more newspapers published in said City for not
less than ten days and by placards put up along said street,
highway, lane or alley, setting forth that thirty days after the
date of said notice the work of making and improving said
street, highway, lane or alley as set forth in said ordinance
will begin; that all corporations interested in the laying sewer,
gas or water mains in said street, highway, lane or alley, and
all owners of any lot or lots abutting or binding thereon, de-
siring to lay sewer, gas or water service pipes therein, connect-
ing the same to said mains for their respective lot or lots, shall
do so within the said period of thirty days as aforesaid, and
that after said street, highway, lane or alley has been 'com-
pleted no such corporation, person or persons shall dig up or
disturb the bed of such street, highway, lane or alley for a
period of five years from its completion, except in case of a
break in such mains or service pipe, or other unavoidable
emergency, and with the consent of the Mayor and Council;
and for any breach or violation of the provisions herein set
forth, the offender shall be subject to a fine or imprisonment,
or both, as shall be provided by said ordinance.

SEC. 4. And be it enacted, That the said Mayor and Coun-
cil are hereby vested with power and authority to also provide
in said general or special ordinance requiring every railroad
company occupying any of the streets and highways of the
City of Hagerstown with its tracks, whenever the Mayor and
Council shall proceed to exercise the powers vested in them
by Sections 1 and 2 of this Act, to grade, make and pave, and
to regrade, remake and repave, the space between its rails and
two feet on the outside thereof, and to pave or repave said
spaces with the same material, the balance of any such street
or highway shall be directed to be paved or repaved in said
ordinance, and to provide that in case of failure of any such
railroad company, after reasonable notice, to comply with the
provisions of the said ordinance applicable thereto, a reason-