JOHN WALTER SMITH, ESQ., GOVERNOR.

paper printed in said town; and, provided further, that when-
ever said Mayor and Common Council open, lay out, extend,
widen, straighten or relocate any street or alley, or any part
or parts thereof, they shall establish the grade thereof, and
if, in their judgment proper so to do, they shall grade the
same.
APPEALS FROM STREET ASSESSMENTS.

295

Sec. 190. Any person who shall feel aggrieved by the deci-
sion of the Commissioners appointed to lay out such streets,
as to the amount of damages allowed him, or benefits assessed
against him, may appeal therefrom at any time within thirty
days after said Commissioners shall have made their return
to the Circuit Court for Carroll County, which said appeal
shall be taken by filing written notice thereof with the Clerk
of the Common Council, who shall thereupon, without
unnecessary delay, transmit to said Circuit Court a record of
the proceedings of said Mayor and Common Council and of
said Street Commissioners in said matter, and said appeal
shall be docketed upon the trial docket of the next succeed-
ing term of said Circuit Court; the party taking said appeal
to be docketed as plaintiff, and said Mayor and Common
Council as defendant, and said party appellant shall there-
upon be entitled to a jury trial, to assess the amount of
damages payable to or amount of benefits chargeable against
him, as the case may be, and the amount assessed as such
damages or benefits by said jury shall stand in the place and
stead of the assessment thereof by said Commissioners, and
upon said appeal it shall be competent for the court to quash
the proceedings upon the motion of the appellant for errors
or omissions rendering the same fatall}7 defective; and upon
the trial of said cause in said Circuit Court, either may take
bills of exceptions to any rulings of said court upon matters
of law arising in the progress of such trial, and either party
may appeal to the Court of Appeals of this State from any
such rulings, or from the actions of said court in quashing or
refusing to quash such proceeding.

GRADING, PAVING AND SEWERING OF STREETS.

Appeals
from street,
assessments

Sec. 191. The Mayor and Common Council may, when re-
quested in writing by the owners of a majority of the front
feet of the property on any street or alley, or parts thereof,
in said town, cause the same to be graded, paved, sewered, or
otherwise improved, and levy the expenses thereof on the
property-owner thereof, agreeably to the extent of such lots

Streets.
Grading,
paving, etc.