162

LAWS OF MARYLAND.

1812

first be paid to said commissioners, to be used in pay.
ing damages as aforesaid, and executing the work by
this act directed to be made and done; and the part to
be paid to the corporation of the city of Baltimore shall
be paid out of the last collections of the contributions
by this act to be levied; and said assessors or a majority
of them, shall, when they determine the amount of con-
tribution to be levied, take into consideration the ap-
propriation of the money which shall arise from the
sale of said lots; and they shall make an estimate
of the product of the sale of said lots, the probable
amount, if the lots be not then sold, and the real
amount as near as can be, if sold; and in determining
the sum to be levied, they shall deduct from the
amount of money necessary to pay damages and all
other expenses, as aforesaid, a moiety cf the money
which, by said estimate, will be produced from the
said lots to be sold as aforesaid; and if, at the comple-
tion of this work there be found any surplus money,
the same shall be returned to said contributors in pro-
portion to their several contributions; and if there
should not be a sufficient sum of money, a further con-
tribution shall be laid in the proportion aforesaid.

Money to be
paid by the
owners of pro-
perty benefited
shall be a lien
on the property
of said owners.
Commissioners
may institute
suits for the re-
covery of the
said sums.

13. AND BE IT ENACTED, That the said sums
of money ascertained by the said assessors to be paid
by the said owners of property benefited as aforesaid,
shall be and the same are hereby declared to be a lien
on the property of said owners respectively, on which
said contribution shall have been levied, and which shall
have been designated as aforesaid, for the full amount
by them severally to be paid; and the said commis-
sioners or a majority of them, or the survivors of them,
may, and they are hereby authorised to institute in
their own names, a suit or suits in Baltimore county
court, for the recovery of the said sums of money from
the person or persons by whom they are respectively
due, in which it shall be sufficient to declare for money
had and received; and this act and the proceedings un-
der the same, shall be evidence to support such action
or actions, instituted as aforesaid.

Commissioners
shall appoint a
Treasurer— he
shall give bond,
&c.

14. AMD BE IT ENACTED, That the said com-
missioners shall appoint a treasurer, who shall receive
all money under their controul, and deposit the same
as he shall receive it in some bank in the city of Balti-
more, to be drawn out by an order signed by a ma-
jority of said commissioners; and said treasurer shall
give bond in the penalty of fifty thousand dollars for
the faithful performance of the duties incumbent on
him, and shall ber paid for his services such sum as
shall be deemed proper by said commissioners.