2492 ARTICLE 11.

cr any part of the amount of damages and expenses which it shall ascer-
tain will be incurred in locating, opening, extending, widening, straight-
ening or closing up the whole or any part of any street, lane or alley in
the city, and for the collection thereof. To provide for the appointment
of three persons as Commissioners, who shall be freeholders of the city
and not interested in or holding lands through which the street, lane or
alley, or portion thereof, is to be laid out, extended, widened, straight-
ened or closed up, to appraise and award damages that will be caused
thereby, and to ascertain the assessed benefits that will thereby accrue,
as hereinbefore provided. After their appointment the commissioners
shall qualify by taking an oath or affirmation to be administered by the
Mayor that they will faithfully and impartially perform the duties of
their office to the best of their skill and ability. Said commissioners shall
have the power and authority to administer oaths or affirmations and to
issue subpoenas and subpoenas duces tecum for witnesses, either at the
request of The Mayor and Aldermen of Frederick or at the request of any
person interested. The Mayor and Aldermen of Frederick is hereby au-
thorized to provide for granting appeals to the Circuit Court for Fred-
erick County, with the right to a trial by jury, by either The Mayor and
Aldermen of Frederick or any person interested therein, from the deci-
sion of the commissioners, provided thai every such appeal shall be taken
within ten days from the date of the decision by the commissioners. Upon
appeal the case shall be tried de novo and the court or jury shall deter-
mine whether any damage has been caused or any benefit has accrued
and to what amount, and may either increase or diminish the amount
awarded or assessed by the commissioners. If an appeal to the Circuit
Court for Frederick County be taken at a time when the regular jury is
in attendance at said court, the case shall be heard before a jury selected
from such regular panel, but if the appeal be taken at a time when the
regular jury for the term has been discharged then the court shall forth-
with cause twenty jurors to be summoned by the sheriff of Frederick
County to attend as jurors at said Court at the time fixed by the court
for the trial of said cause, which shall not be less than twenty days after
any such appeal, provided, however, that every such appeal may be tried
before the court without the intervention of a jury, if all of the parties
in interest agree thereto. It shall have power to provide for collecting and
paying over the amount of compensation adjudged to each person enti-
tled, or investing it in the discretion of the corporation, in some stock or
otherwise, bearing an interest not exceeding six per cent, per annum, for
the use of any such persons who, because of their infancy, absence from
the city, or any other cause may be prevented from receiving it, before
any street, lane or alley, in whole or in part, shall be opened, extended,
widened, straightened or closed up; to provide for the collection of the
amounts adjudged to be paid by the owners or possessors, who may be
benefited thereby; and to enact and pass all ordinances from time to time,
which shall be deemed necessary and proper to exercise the powers and
effect the objects above specified.