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shall thereupon be entitled to a jury trial to assess the
amount of damages payable to or amount of benefits assessed
against him, as the case may be, and the amount assessed as
such damages or benefits by said jury shall stand in the
place and stead of the assessment thereof by said commis-
sioners, and on said appeal it shall be competent for the
court to quash the proceedings, upon motion by the
appellant, for errors and omissions rendering the same fatally
defective; and upon the trial of said case in said Circuit-
Court, either party may take bills of exceptions upon any
rulings of said court upon matters of law arising in progress
of said trial, and either party may appeal to the Court of
Appeals of this State from any such rulings or from the
action of such court in quashing or refusing to quash such
proceedings.
MAY PAVE STREETS AND ALLEYS.
167. Mayor and Councilmen may, whenever in their
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CHAP. 262
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judgment the public interests or convenience requires it,
have any street or alley, or parts thereof, in said city graded,
paved, guttered, curbed, sewered or otherwise improved, and
levy the whole expense thereof, or any portion thereof, not
less than two-thirds, on the property binding on said street
or alley, agreeably to the extent of such lots thereon, and
collect the expense thereon as directed in Sections 169 and
170, and in case less than the whole cost is assessed upon
the abutting property the city shall pay the remainder
thereof, and the Mayor and Councilmen shall provide by
ordinance for the giving of notice by publication, or by
service or written notice, personally, upon the parties to be
affected by said proceedings, and allowing them to be heard
before any such proceedings are had; but nothing in this
section shall be construed to prevent the Mayor and Council-
men from constructing any sewer or sewers or system of
sewers, and paying for the same out of the funds of said
city, not to prevent said Mayor and Councilmen from charg-
ing a reasonable sum for the use of said sewers, either by an
annual charge or by a charge for the right of connection
therewith in perpetuity, all of which powers are hereby
granted to said Mayor and Councilmen.
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May pave
streets and
alleys.
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