990 ARTICLE 4.

On appeal the Street Commissioners, clerks and other agents are competent
witnesses, and may be summoned and examined as to the principles upon which
their awards and assessments were made.

Patterson v. Baltimore, 124 Md. 153.
Cannot assess benefits in excess of damages.

Balto, v. Md. Trust Co., 135 Md. 36.
As to when lien attaches, see—

Dyer v. Dobler, 137 Md. 682.
City or landowner may ask for jury trial.

Patterson v. M. & C. C., 127 Md. 233.

1912, ch. 32.

180. Whenever any ordinance passed by the Mayor and City Council
of Baltimore, providing for the condemnation and opening, extending,
widening, grading or closing of any street, lane or alley, in said city,
shall be set aside, or declared null and void by a Court of competent juris-
diction, to wit: The Baltimore City Court or the Court of Appeals, in the
event of an appeal to that tribunal, or the same shall be repealed by the
city, it shall be the duty of the Comptroller immediately thereafter to
draw his warrant on the City Register in favor of any and all persons
or their legal representatives, who may have paid into the city treasury
any sum or sums of money on account thereof; which shall be forthwith
paid out of any sums in the treasury not otherwise appropriated. The
Comptroller shall likewise draw his warrant on the City Register for the
payment of all expenses which may have been incurred by virtue of any
such ordinance in carrying out the provisions thereof, for which the city
may be liable under existing ordinances.

1912, ch. 32. 1914, ch. 494.

181. If no appeal shall have been prayed, then, within ten days after
the time hereinbefore limited therefor, or after the return of the deci-
sion upon any appeal shall have been made to the said Commissioners,
their return shall be transferred to the City Collector, who shall proceed
forthwith to notify the parties assessed for benefits by means of bills
specifying the several sums so assessed and the installments thereof due
and payable, and warning them that if the same be not paid within two
months from the date of such transfer of said Commissioners' returns,
he will proceed to sell the specific pieces or parts of property on which
said unpaid sum or sums of money shall have been assessed, in the manner
and after having given the notice directed by this Charter. Thereafter,
as each installment becomes due, the Collector shall give the same notice;
if any installment be not paid, and the Collector shall proceed to sell,
under Section 182 of this Charter, the right of the party assessed, to pay
the remainder of said assessment in installments, shall be forfeited, and
the Collector shall collect from the proceeds of said sale the entire amount
of the assessment not theretofore paid, with interest at six per cent, to the
date of such collection.

State, ex rel. Henderson, v. Taylor, 59 Md. 338. See decision of Brown, C. J. City
Court, in Re Webster v. Mayor, October 16, 1874. Fairmount Corp. v. Balto., 145
Md. 391.