1048 LAWS OF MARYLAND.

alter the determination of the said Council of the damages and
benefits, or either, and may award costs in its discretion,

(12) Not later than six months after judgment, in case an
appeal is taken, or after the expiration of twenty days from the
determination of damages and benefits by the Council as afore-
said, in case no appeal is taken, and prior to the payment or
tender of damages to any person the Council shall determine,
by motion or resolution or ordinance, to be recorded with the
other proceedings, whether or not the proposed improvement
shall be made.

In case the Council determines not to continue with the pro-
proposed improvement, a new commission may be issued as in the
judgment of the Council may deem proper, and the Mayor and
Council of Salisbury shall not be liable for any damages occa-

sioned by the determination to discontinue the proceedings other
than the costs of appeal, if any, awarded against them.

And, in case the Council shall determine to make the proposed
improvement, they may, at any time prior to the payment or
tender of damages to any person, refund benefits received by
the Mayor and. Council of Salisbury, if any, with interest
thereon, and discontinue the proceedings, and in such case the
Mayor and Council of Salisbury shall not be liable for any dam-
ages occasioned by such discontinuance other than the costs of
appeal, if any, awarded against them.

It is intended by this sub-division that the Council shall have
the power to change their determination to carry on the pro-
posed improvement, but shall not have the power to change
their determination to discontinue the said improvement.

(13) The Mayor and Council shall, before actually under-
taking the work of the proposed improvement, pay or tender to
the person, his agent, guardian or representative, the amount

of damages awarded less the amount of benefits assessed. And
the said damages shall be considered personal property from the
time of determination by the Council mentioned in sub-division
nine (9) of this Section.

And if for any reason the person to whom damages are pay-
able refuses to receive the said payment or, by reason of his
infancy or other cause, is unable to receive and receipt for the
same, the sum due him as damages less the amount of benefits

assessed against his property shall be deposited in some bank in
Salisbury paying interest on deposits, if any, otherwise in a