EMERSON C. HARRINGTON, GOVERNOR. 929

occupant thereof, and ascertain what amount in value of benefit
will thereby accrue to any lot or parcel oi land by or through
which the same may pass or improvements be made, or any other
property, or to the owner or occupant thereof, which the said lot
or parcel of land, or the owner or occupant thereof ought to pay,
They shall locate boundaries and prepare an explanatory map,
giving descriptions of the street or alley opened, closed, ex-
tended, widened, straightened or improved, with each separate
lot or parcel of land deemed to have sustained damages or re-
ceived benefits and they shall within twenty days return to the
Mayor and Council such maps, together with the amount of
damages awarded to such owner or occupants and the amounts
of benefits assessed to any lot or parcel of ground, or the owner
thereof, together with a certificate of their qualifications, which
may be ratified, or rejected, or altered and amended, in whole
or in part by said Mayor and Council; provided that the Mayor
and Council shall give ten days' notice, at least, by publication
in one of the newspapers published in said city, or by ten days'
notice, at least, in writing to each property owner so interested,
of the time set for final action on return of said examiner; and
said Mayor and Council shall act on said return within twenty
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, or guardian or representative
the amount of damage so awarded; and if any one should feel
aggrieved 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 con-
nected therewith 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, waterway 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 respec-
tive lots or parcels of ground on which they are assessed from
the time of the final ratification of, the aforesaid return, and
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