PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 1045

And in the event that any person or persons so appointed
shall not be ratified by the Council, or shall fail to take the oath,
hereinafter prescribed within the time limited therefor, or shall
for any reason fail, refuse or be unable to serve on such com-
mission, then the Mayor shall appoint another or others to
serve in the place of such person or persons, which appointment,
shall be made in the same manner and subject to the same rati-
fication as provided in the first instance.

And the Mayor, after the appointment, ratification and ac-
ceptance of said Commissioners, shall issue a commission in
writing under his hand to them authorizing them to exercise
the powers and commanding them to perform the duties here-
inafter required of them.

(4) The three persons so appointed shall within ten days
after the date of their commission, take oath before a Justice
of the Peace of Wicomico County, that they will faithfully
fairly and without partiality or prejudice, estimate, in money
value, what amount, if any, of damages will be caused by the
proposed improvement to any property over, through, by or
near which the proposed improvement will be made, or to the
owner, or occupant of said property or of any right or interest
therein, and will likewise estimate, in money value, what
amount, if any, of benefit will accrue by reason of the proposed
improvement to any property over, through, by or near which
the proposed improvement will be made, or to the owner or
occupant of such property or of any right or interest therein.
The ^aid persons, or a majority of them shall then constitute
and be a commission with the powers and duties hereinafter
specified.

(5) The said commission shall within ten days after having-
taken the aforesaid oath give at least ten days' notice by adver-
tisement printed in one or more newspapers published in the
City of Salisbury, of its purpose to meet and estimate damages-
caused and benefits accruing by reason of the proposed improve-
ment, and of the day, hour and place of such meeting.

(6) The said commission shall meet at the time and place
mentioned in the notice given by it, and at such other times as
they may from time to time adjourn to, and shall proceed:

(a) To estimate in money value what amount, if any, of
damages will be caused by the proposed improvement to any
property over, through, by or near which the propped improve-