§ 21-23 Grades on low or made ground.

Whenever the Commissioner of Health shall certify in writing to the Mayor that it is necessary for the health of the City to alter the grade of any street, lane or alley on low or made ground, the Mayor shall issue his order to the City Engineer, who shall thereupon call upon the several property holders on such street, lane or alley, and procure from them their assent in writing to such alteration; and if any property holder shall refuse to permit the same to be graded, and shall require damages therefor, and cannot agree with the Highways Engineer as to the amount of damages, or should there be any legal disability on the part of those owning property on such street, lane or alley, a judge of the Circuit Court for Baltimore City, on application of the corporation, shall appoint three disinterested persons to assess such damages, who shall return on oath their award to said Court, and the same shall be confirmed by the Court unless case to the contrary be shown; in which case the Court shall at the first term thereafter decide finally thereon; and when the damages so assessed or agreed upon shall be paid by the Mayor and City Council of Baltimore to the persons so assessed, and legally entitled to receive the same, the Mayor and City Council of Baltimore may proceed to regrade and pave the said street, lane or alley.