SOMERSET COUNTY. 1099

days after the expiration of said notice, and may issue a new
commission as in their judgment may deem 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 damage so awarded; and if any one should feel ag-
grieved by the decision of the Mayor and Council in any matter
affected by their decision, he may appeal to the Circuit Court
for Somerset 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 said notice it shall be
the duty of the said clerk to deliver the papers connected there-
with to the clerk of the said court, and the same proceedings
shall be had on appeal as in the case 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 costs incurred,
and shall pay the same. All benefits assessed by virtue of the
above provisions shall be a lien 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 as
other debts are collected. On appeal the Court or jury may
alter the award so returned, whether of damages or benefits,
and award the costs in its discretion. On final ratification of
any report of a commission appointed under the provisions of
this section, the clerk to the City Council shall at once record
iu a book, kept for that purpose, the said return, plat and all
proceedings connected therewith. And if for any reason the
person to whom damages are awarded shall refuse to receive
the damages assessed, or from infancy or any other cause is
prevented from receiving and receipting for same, the damages
so assessed shall be deposited in some bank of Crisfield paying
interest on deposits, if any, to the credit of the person entitled
to such damages, and thereupon the Mayor and Council may
proceed in the same way as if the said damages had been paid
to the person or persons themselves and this proceeding shall
have the same effect.

89. The Mayor and Council of Crisfield shall have power to
provide by ordinance for the establishment and charge from
time to time of the grade lines of any streets, lane, alley or part
thereof now or hereafter marked, located or laid out; to provide
by ordinances for grading, macadamizing, paving and curbing
or for regrading, remacadamizing, repaving and recurbing of
any street, lane, alley in said city or part thereof now con-