320 ARTICLE 1A.

County, which said appeal shall be taken by filing written notice thereof
with the Clerk of said City Council who thereupon, without unnecessary
delay, shall transmit to said Circuit Court a record of the proceedings of
said Mayor and City Council and of said commissioners in said matter,
and said appeal shall be docketed upon the trial docket of the then current
term of the Circuit Court for Allegany County, and shall have precedence
over other civil cases upon said docket; the party taking said appeal shall
be docketed as the plaintiff and the said Mayor and City Council as de-
fendant and either of said parties shall be entitled to a jury trial to assess
the amount of damages payable to him, and the amount of damages pay-
able to him as determined by said jury shall stand in the place and stead
of the assessment by said commissioners, and upon said arppeal, it shall be
competent for the Court to quash the proceedings upon the motion of the
appellant for errors or omissions rendering the same fatally defective; and
upon the trial of said cause in said Circuit Court, either party 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 such rulings, or from the action of
said Court in quashing or refusing to quash such proceedings.

1927, ch. 479, sec. 13.

127. In addition to the foregoing provisions for condemnation, said
Mayor and City Council may, in their discretion, exercise any and all of
the powers of condemnation granted by this Act, including the right to
condemn the bed of Will's Creek and all water rights in the same manner
and by the same proceedings as is now provided for condemnation by cor-
porations under Article 23, Sections 331 to 337, inclusive, of the Code of
Public General Laws of the State of Maryland, and all amendments and
additions thereto.

1927, ch. 479, sec. 14.

128. Said Mayor and City Council of Cumberland upon the completion
of the work and improvement contemplated by the Partial Flood Preven-
tion Plan shall assess against the property located in the Will's Creek
Flood District, or the part thereof designated in said Partial Flood Pre-
vention Plan, if any part less than the whole of said District is designated,
an amount equal to one-half of the total cost of said improvement, said cost
to include the amounts paid for property condemned under this Act,
and the assessment against said property shall be made by ascertaining the
total amount of the tax assessments of all the real property located in said
Will's Creek Flood District, or said designated part thereof, as said assess-
ments appear on the tax assessment rolls of Allegany County, and said
one-half of the total cost of said improvement to be so assessed shall be
divided among all the properties located in said District or said designated
part thereof, in such proportion as the assessed value of each of said
properties bears to the total assessment of all real property in said Dis-
trict, or said designated part thereof, and having determined the amount