PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 1047

improvement will be made, or to the owner or occupant of such
property or of any right or interest therein, and shall determine,
in money value, what, if any, amount 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; provided, that no benefits shall be as-
sessed to any property not shown on the plat returned by the
commission as required by sub-division seven (7) of this Sec-
tion or to the owner or occupant of any property not shown on
said plat or of any right or interest therein.

The said determination of the Council shall then and there
be reduced to writing and signed by the President of the Coun-
cil and annexed to the report of the said commission, whereupon
such writing, or a certified copy thereof, shall become the best
evidence of the determination so made.

And the said Council shall, within thirty days after making
such determination, cause to be published in one or more news-
papers printed in the City of Salisbury, for at least two inser-
tions, notice of the fact that such determination has been made
and that damages and benefits have been awarded to person, per-
sons, or corporation, and in the amounts to be set forth in the
said notice.

(10) At no stage of the proceedings shall the Council have-
power to depart from the plan, except in some minor details,
as set forth in the ordinance required by sub-division two (2)
of this Section, provided, that the Council may depart from
such plan by commencing new proceedings under this Section.

(11) If any person shall feel aggrieved by the determination
of the Council of damages or benefits or by its failure to award
damages to him or his property, he may appeal to the Circuit
Court of Wicomico County by giving written notice within
twenty days after the publication of the notice required by sub-
division nine (9) of this Section, which said notice of appeal
shall be filed with the Clerk of Salisbury. And, upon the filing
of the said notice of appeal, it shall be the duty of the said
Clerk to deliver to the Clerk of the Circuit Court of Wicomico
County, a certified copy of the ordinance, commission, report,
explanatory plat, and written evidence of the determination
hereinbefore mentioned and the same proceedings shall be had
on appeal as in the case of appeals from the judgments of Jus-
tices of the Peace. The Court or Jury, as the case may be, may