SAMUEL SPRIGG, ESQUIRE, GOVERNOR.

1820.

be sustained by the owners of property lying within or adjacent
to the said street, by reason of the opening and extension thereof,
(taking into consideration all advantages and disadvantages,)
provided that no claim of compensation tor damages shall be ad-
judged in favour of any property which shall not he taken in
whole, or in part, for the use of the said street.

CHAP. 203.

4. And be it enacted, That the said commissioners, after having
ascertained the damages as aforesaid, and added thereto the com-
mission allowed to the collector as hereinafter provided, and an
estimate of the expense of executing their agency herein, includ-
ing a reasonable compensation to their surveyor and clerk, whom
they are hereby authorised to employ, which shall be paid to the
parties respectively entitled to receive the same, of which said
sum one third shall be paid by the mayor and city council of
Baltimore, and they shall then proceed to assess the residue of
the said sum upon the property benefited by the opening and ex-
tension of the said street, having regard to all circumstances, and
having completed the said estimate and assessment, the said com-
missioners shall make a full and particular report thereof, under
their hands and seals, to Baltimore county court, designating
precisely the property ascertained to be injured, and the property
assessed as benefited, and the names of the proprietors of both
species of property, as fully as they can ascertain the same, and
the relative or respective rights of such proprietors.

After ascertaining
damages to assess
upon property be-
neffitted, &c.

5. And be it enacted, That the clerk of Baltimore county court
shall publish notice of the report being returned as aforesaid,
within five days after the said return, in all the newspapers
printed in the said city, and if any person or body corporate shall
conceive himself, herself or themselves, aggrieved by the award
in such report, he she or they may petition the judges of Balti-
more county court to review the same, who then upon shall pro-
ceed to examine fully the subject, and for that purpose they are
hereby authorised and empowered to summon witnesses, to call
for papers, and to hear the representations of parties, and finally
to decide upon the subject matter, and to alter, modify, and cor-
rect the said report, in all or any of its parts, as to them shall
seem just and equitable, giving to all parties affected by any pro-
posed modification, reasonable notice, the said court shall allow
costs against the parties controverting the said report, to the
clerk, in their discretion, and after all applications for a review
shall have been disposed of, and the report of the commissioners
shall have been finally approved of and passed by the said court,
they shall order the said report, as finally acted on, to be record-
ed by their clerk, at the cost of the city, authenticated copies of
which shall he good evidence in all the. courts of this state, and
elsewhere, provided that all petitions for a review shall he lodged
in writing with the clerk within thirty days after his first publi-
cation of the report being returned, and the said court shall de-
cide finally thereon, within ninety days from the day on which
the said report is returned.

Persons aggrieved
may petition

judges of county
court, who are au-
thorised to exam-
ine fully the sub-
ject.

6. And be it enacted, That at the expiration of thirty days af-
ter the report of the commissioners as aforesaid shall have been
derided in Baltimore county court, the city commissioners and
port wardens of the city of Baltimore, shall proceed, to open and

After decision of
court street to be
extended.