614 ARTICLE 3.

such to endanger health in the neighborhood thereof, and said County
Commissioners shall determine it to be necessary in order to effectually
and permanently abate such nuisance, to grade, pave or drain such road,
street, avenue, alley or highway of any kind whether a county highway
or not, they shall cause an estimate to be made of the cost of such im-
provement, including the cost of advertising herein provided for and all
other incidental expenses, and of the extent to which, if any, owners of
land in the neighborhood of such proposed improvement will be benefited
or damaged thereby, including in such estimate of benefits and assess-
ment against the county at large or district road fund of not more than
one-half the proposed cost of such improvement in proper cases, copies
of such statement, together with a notice of the dav and hour on which
objection to such proposed plan of improvements and estimates will be
heard, shall be served on all persons named in such statements at least
five days in advance of the date for such hearing or if for any reason
personal service of such statement and notice cannot be conveniently made
on all of such persons, said Commissioners shall cause statement to be
advertised at least once in not less than two weekly newspapers of gen-
eral circulation published in Baltimore County, which publication shall
be made at least five days before the date fixed for such hearing, and shall
be deemed conclusive evidence of the receipt of such notice. If upon the
date set for such hearing there be no objection to such proposed plan or
estimates, said County Commissioners may finally adopt the same. If
there be objections, said Commissioners shall hear and determine the
same, and alter or amend such proposed plan and estimates in their dis-
cretion, whereupon they shall pass a final order adopting such plan and
estimates as originally made or as so amended. If any person shall feel
aggrieved by the passage of such order, he shall have the right to appeal
therefrom to the Circuit Court for Baltimore County, which shall hear
and determine said appeal immediately if then in session, and if not, at
the first convenient day during the ensuing session. Upon such appeal,
said Circuit Court shall have no power to review the decision of said
Commissioners as to the propriety of said proposed improvement or the
plan thereof, but shall have power to review only the estimate of said
Commissioners as to the amount or extent, if any, to which the appellant
will be benefited or damaged thereby, and its decision thereon shall be
final. Such appeal shall be taken within fifteen days after the date of
such final order, and if not taken within such period the right thereto
will be deemed to have been waived, upon the estimates herein provided
for becoming final as aforesaid, said Commissioners shall proceed to abate
such nuisance in the manner proposed, and shall collect the amount of
benefits assessed by suit if necessary, and pay out the amount of damages
awarded, if any.

1908, ch. 587, sec. 132-I. B. Co. C. (1916), sec. 271. 1928, sec. 317.
317. Nothing in the preceding sections shall be construed as limiting
or qualifying the right of said County Commissioners constituting the