868 LAWS OF MARYLAND. [CH. 441

taken and impounded, the said bailiff shall sell same at public
sale, and after deducting one-half the amount due on same,
including fine, which he shall retain, shall account for the
balance to said Commissioners; the said bailiff is hereby given
the power, and it shall be in his discretion to take the same
proceeding with reference to any animal or animals of any
kind hereinbefore named of which the owner may be known,
and it shall be his duty to so impound the said animal or ani-
mals if the owner be known, or to institute proceedings before
a justice of the peace as hereinbefore provided for violation
of the provision of this section as hereinafter set forth herein.
It shall be the duty of the bailiff as far as practicable to en-
force this and other provisions of this act as well as the ordi-
nances enacted by the said Town Commissioners, as provided
in this act, and any wilful neglect upon his part to enforce
either of them upon coming to his notice shall be malfeasance
in office.

116D. Whenever the said Commissioners shall decide that
it is expedient that any road, street, lane or alley, as aforesaid,
within said corporate limits, shall be opened, widened and
straightened, changed or closed, or make subways, as pro-
vided in section 102, unless they shall be able to make satis-
factory contracts necessary for the same, or until the necessary
lands or easements in or over the same shall be donated for the
purposes, they shall appoint three disinterested persons, resi-
dents of the town, to assess all damages done, suffered and
incurred by the opening, widening, straightening, changing or
closing of any such highway, streets, lanes or alleys, or the
construction of any such subways, and any benefits or advan-
tages accruing to any person by the same, or any one of them,
as the case may be; the said Commissioners shall within ten
days after notification of their appointment take an oath be-
fore the justice of the peace of the town that they will faith-
fully, fairly and without partiality or prejudice value and
assess the loss and damage to be suffered and incurred by, and
the benefits to accrue to any person interested in the property
over which the highways, roads or streets, alleys or lanes are
to be opened, closed, straightened, widened or changed, or such
subways to be cut or constructed; and they shall give at least
ten days' notice by notice posted at the court house door of the
time and place of meeting for the purpose of executing their
commissions1; they shall within ten days after such valuation
and assessment report the same in writing under their hands