2090 WICOMICO COUNTY. [ART. 23.
closed, extended, widened, straightened or improved, with each
separate lot or parcel of ground deemed to have sustained
damages or received benefits, and they shall, within ten days,
return to the mayor and council such map, together with the
amounts of damages awarded to such owners or occupants, and
the amount of benefits assessed to any lot or parcel of ground,
or the owner thereof, together with a certificate of their qualifi-
cation, which may be ratified or rejected, or altered and amended,
in whole or in part, by said mayor and council; provided, that
the mayor and council shall give ten days' notice at least by
publication in one of the county papers published in Salisbury,
or by ten days' notice at least in writing to each property owner
so interested, of the time set for final action on return of said
examiners, and said mayor and council shall act on said return
within twenty days after the expiration of said notice, and may issue
a new commission as in their judgment may seem proper; and
before actually proceeding to open, widen, extend, straighten, or
close any such street or alley, the mayor and council shall pay, or
tender to the person, his agent, guardian or representative, the
amount of damages so awarded; and if any one should feel
aggrieved by the decision of the mayor and council in any matter
affected by their decision, he may appeal to the circuit court for
Wicomico county, by giving written notice within twenty days
from said decision, filed with the clerk of the council, of his
desire to appeal; and on the filing of the said notice it shall be
the duty of the said clerk to deliver the papers connected there-
with to the clerk of said court; and the same proceedings shall be
had on the appeal as in cases of appeal from judgments of
justices of the peace; provided, nevertheless, that the mayor and
council may decline to open, lay out, extend, widen, grade or
straighten any street, alley or highway, or any square, water-way
or drain, notwithstanding the decision of said court; but in case
of refusal so to do, they shall be liable for all costs incurred, and
shall pay the same. All benefits assessed by virtue of the above
provisions shall be liens on the respective lots or parcels of
ground on which they are assessed from the time of the final
ratification of the aforesaid return, and shall be collected as taxes
are collected, or may be collected by action at law. On appeal,
the court or jury may alter the award so returned, whether of
damages or benefits, and award costs in its discretion.
|
|