5110 ARTICLE 23.

notice of appeal, it shall be the duty of the said Clerk to deliver to the
Clerk of the Circuit Court for Wicomico County a certified copy of the
ordinance, commission, report, explanatory plat and written evidence of
the determination hereinbefore mentioned and the same proceedings shall
be had on appeal as in the case of appeals from the judgments of Justices
of the Peace. The Court or Jury, as the case may be, may alter the
determination of the said Council of the damages and benefits, or either,
and may award costs in its discretion.

(12) Not later than six months after judgment, in case an appeal is
taken, or after the expiration of ten days from the determination of dam-
ages and benefits by the Council as aforesaid, in case no appeal is taken,
and prior to the payment or tender of damages to any person the Council
shall determine, by motion or resolution or ordinance, to be recorded with
the other proceedings, whether or not the proposed improvement shall be
made.

In case the Council determines not to continue with the proposed im-
provement, a new commission may be issued as in the judgment of the
Council may deem proper, and the Mayor and Council of Salisbury, shall
not be liable for any damages occasioned by the determination to discon-
tinue the proceedings other than the costs of appeal, if any, awarded
against them.

And, in case the Council shall determine to make the proposed improve-
ment, they may, at any time prior to the payment or tender of damages
to any person, refund benefits received by the Mayor and Council of Salis-
bury, if any, with interest thereon, and discontinue the proceedings, and
in such case the Mayor and Council of Salisbury shall not be liable for
any damages occasioned by such discontinuance other than the costs of
appeal, if any, awarded against them.

It is intended by this subdivision that the Council shall have the power
to change their determination to carry on the proposed improvement but
shall not have the power to change their determination to discontinue the
said improvement.

(13) The Mayor and Council shall, before actually undertaking the
work of the proposed improvement pay or tender to the person, his agent,
guardian or representative, the amount of damages awarded less the
amount of benefits assessed. And the said damages shall be considered
personal property from the time of determination by the Council men-
tioned in subdivision nine (9) of this Section.

And if for any reason the person to whom damages are payable refuses
to receive said payment, or, by reason of his infancy or other cause, is
unable to receive and receipt for the same, the sum due him as damages
Jess the amount of benefits assessed against his property shall be deposited
in some bank in Salisbury paying interest on deposits, if any, otherwise
in a bank elsewhere paying such interest, to the credit of the person enti-
tled to such damages.

(14) All benefits assessed under this Section, less damages awarded
shall be liens on the respective lots or parcels benefited by the improve-