JOHN LEE CARROLL, ESQUIRE, GOVERNOR. 807

at least two newspapers printed in said city ; and
provided further that upon the return of any assess-
ment of damages or benefits, or both, made under
any ordinance passed under this section, the clerk of
said city shall cause a copy thereof to be published
once a week, for four successive weeks, in at least
two newspaper's printed in said city ; and provided further that whenever the said "Mayor and City Coun-
cil open, lay out and extend any street or alley, they shall establish the grade thereof, and if in their judg- ment proper so to do, they shall grade the same.
44. Any person who shall feel aggrieved by the
decision of the commissioners appointed to lay out such streets as to the amount of damages allowed	Right of ap-
him or benefits assessed against him, may appeal	peal.
therefrom at any time within thirty days after said
commissioners shall have made their return to the
Circuit Court for Allegany county, which said
appeal shall be taken by filing written notice thereof
with the clerk of said City Council, who shall there-
upon without unnecessary delay transmit to said
Circuit Court a record of the proceedings of said
Mayor and City Council, and of said street commis-
sioners in said matter, and said appeal shall be
docketed upon the trial docket of the next succeed-
ing term of said Circuit Court, the party taking
said appeal to be docketed as plaintiff, and said Mayor and City Council as defendant; and said party
appellant shall thereupon be entitled to a jury trial	Entitled to
to assess the amount of damages payable to or	jury trial.
amount of benefits chargeable against him as the
case may be, and the amount assessed as such dam-
ages or benefits by said jury shall stand in the place
and stead of the assessment thereof by said commis-
sioners ; and upon said appeal it shall be competent
for the court to quash the proceedings upon the
motion of the appellant, for errors or omissions ren-
dering the same fatally defective; and upon the
trial of said cause in said Circuit Court either may
take bills of exception to any rulings of said court
upon matters of law arising in the progress of such
trial, and either party may appeal to the Court of
Appeals of this State from any such rulings, or from
the action of said court in quashing or refusing to
quash such proceedings.