988 ARTICLE 4.

the Mayor and City Council of Baltimore may provide that the assess-
ments of benefits may be made payable in annual installments, not exceed-
ing five, with interest at six per cent, on the deferred installments from
the time such proceedings are concluded. If any such ordinance does not
provide otherwise as to the time of payment of benefits, then all benefits
assessed thereunder shall be payable, at the option of the person assessed,
either at once or in five equal installments, one of which shall be due
when the proceedings under said ordinance are concluded and the other
installments shall be due and payable, respectively, one, two, three and
four years thereafter, with interest on each installment from the date
when the proceedings were finally concluded; provided, however, that

where the same party is assessed in any such proceedings for benefits and
also awarded damages, the damages shall be deducted from the benefits
to the extent of the damages, and the provision of this section as to pay-
ing the benefits in installments shall apply only to the excess of the bene-
fits over the damages. The Commissioners, in their final return, shall
state whether or not benefits are to be payable in installments, and if so
in what installments.

1912, ch. 32.

178. It shall be the duty of the Clerk of the Commissioners for Open-
ing Streets to serve written or printed notice upon each and every party
or parties assessed for damages, caused by the condemnation and opening
of any public highway; provided, however, that the service of such notice
shall not be so construed as to be one of the pre-requisites to the condem-
nation and opening of any street under any ordinance heretofore passed,
or hereafter to be passed.

Timanus v. M. & C. C., 128 Md. 105.

1912, ch. 32.

179. The Mayor and City Council of Baltimore or any person or per-
sons, or corporations, who may be dissatisfied with the assessment of dam-
.ages or benefits, as hereinbefore provided, may, within thirty days after
the first publication of the notice provided in Section 177, appeal by peti-
tion, in writing, to the Baltimore City Court, praying the said Court to
review the same, and on any such appeal the Court shall appoint a day
for hearing said appeal, which shall not be less than five nor more than
thirty days after expiration of the thirty days limited for taking appeals
as aforesaid, and shall direct the clerk of the said Court to issue a subpoena
duces tecum to the clerk of the Commissioners for Opening Streets, re-
quiring him to produce and deliver to said Court the record of the pro-
Ceedings of the said Commissioners in the case, and all maps, plats, docu-
ments and papers connected with such record, and the City Court shall
have full power to hear and fully examine the subject, and decide on the

said appeal, and for that purpose is hereby authorized and empowered
to adjourn from time to time, and may cause all such appeals to be con-
solidated, or may hear and decide them separately, and may require the