LEVIN WINDER, ESQ. GOVERNOR.

131

5. AND BE IT ENACTED, That the street a-
foresaid shall not be extended or opened through the
property of any individual injured thereby, until the
damages by him, her or. them sustained, and to him,
her or them assessed in the manner aforesaid, shall
be tendered, paid or secured to be paid with legal in
terest, in six months from the time of such assess-
ment.

18l2.

Damages —
street shall not
be opened un-
til tendered,
paid or secur-
ed to be paid.

6. AND BE IT ENACTED, That in case the
person or persons injured by opening and extending
said street, shall not be paid the damages by him, her
or them thereby sustained, and to him, her or them
In manner aforesaid assessed and awarded, within
six months after the same shall be ascertained as
aforesaid, he, she or they may recover, before a jus-
tice of the peace, if the amount does not exceed the
sum of fifty dollars, and if the amount exceed that
sum, then in Baltimore county court, against him, her
or them in manner aforesaid, who shall have been de-
clared as benefited, the amount which on him, her. or
them shall have been assessed, and which he, she or
they shall have been in manner aforesaid adjudged to
pay; and that it shall be sufficient for the plaintiff or
plaintiffs, in such action or actions, to declare generally
for money had and received, and give this act and the
proceedings under the same in evidence to support his,
her or their action or actions.

Damages —
how to be re-
covered.

7. AND BE IT ENACTED, That in case the
obstructions in the said street are not removed within
twenty days after the money charged and assessed as
aforesaid, shall be paid or tendered, or secured to be
paid as aforesaid, the said eastern precincts commis-
sioners are hereby authorised and directed to remove
the same without delay, and to charge and levy the
expense of such removal in equal proportions among
the several persons benefited by the opening and ex-
tending of said street, according to the benefit which
each may have been estimated to have received,
agreeably to the assessment and valuation which shall
have been made and returned in the manner as afore-
said by the jury aforesaid; and that the said commiss-
oners shall immediately cause the same to be collected
by their clerk or some other. person, to whom they are
authorised to allow a reasonable compensation; and
that if the amount which by the said commissioners
shall be assessed, shall [not*] be paid within three
months, that then the said commissioners shall recover

[* NOTE BY THE PRINTER. — The word, "not" is inserted in the
original bill, but omitted in the engrossed bill. ]

Obstructions.