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308
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LAWS OF MARYLAND.
time as it shall set, before the adjournment of the then
pending term, if that be possible. And upon the trial
of said petition, either side may take exceptions to the
rulings of the court upon matters of law in the usual way,
and may appeal to the Court of Appeals from such rulings.
And if the judgment shall be against the petition, he shall
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Cost of
appeal, by
whom to be
paid.
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pay all the costs of said trial, including the cost of the jury,
and if in his favor, said costs shall be paid by the said Mayor
and City Council of Cumberland. If no petition shall be filed
as aforesaid, or if upon trial as herein provided, said ordinance
shall be approved, the said Mayor and City Council may pro-
ceed with said improvement, and thereafter all parties inter-
ested shall be estopped from denying the fact that said petition
to the Mayor and City Council was signed by the owners of a
majority of front feet of property on said street or alley, or
part thereof, to be improved as required by this section. And
the Mayor and City Council may appoint commissioners, as pro-
vided in article one, section 66, of the Code of Public Local
Laws of Maryland, entitled "Allegany County," sub-title
"Cumberland," to assess and levy upon the owners of property
abutting upon the street or alley or part thereof to be improved,
according to the number of front feet owned by them, not
exceeding two-thirds of the cost of said improvement, the
balance to be paid by the said Mayor and City Council; pro-
vided, that before said commissioners shall proceed to assess
and lew said costs, they shall give notice by hand-bills, to be
conspicuously posted along the line of the proposed improve-
ment, of the time and place when and where said commis-
sioners will sit to determine said assessments, at which time
and place all owners of property interested shall be entitled to
appear and be heard in person or by counsel by said commis-
sioners on the question of said assessment and costs. And the
Mayor and City Council may provide by appropriate ordinances
for carrying out the provisions of this section. And a majority
in interest of the owners of undivided interests in any piece of
property are to be deemed the owners thereof for the purposes
of this section.
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