ALBERT C. RITCHIE, GOVERNOR. 235

75. Any person who shall feel aggrieved by the decision
of the commissioners appointed to lay out or close such streets,
as to the amount of damages allowed him, or benefits assessed
against him, may appeal therefrom at any time within thirty
days after said commissioners shall have made their return,
to the Circuit Court for Allegany County, which said appeal
shall be taken by filing written notice thereof with the Clerk
of said City Council, who shall thereupon without unneces-
sary delay, transmit to said Circuit Court a record of the pro-
ceeding's of said Mayor and City Council and of said Street
Commissioners in said matter, and said appeal to be docketed
upon the trial docket of the next succeeding term of said Cir-
cuit Court; the party taking said appeal to be docketed as
plaintiff and said Mayor and City Council as defendant, and
said party appellant shall thereupon be entitled to a jury trial,
to assess the amount of damages payable to or amount of bene-
fits chargeable against him, as the case may be, and the amount
assessed as such damages or benefits by said jury shall stand
in the place and stead of the assessment thereof by said commis-
sioners, and upon said appeal it shall be competent for the
Court to quash the proceedings upon the motion of the appel-
lant for errors or omissions rendering the same fatally de-
fective; and upon the trial of said cause in said Circuit Court,
either party may take bills of exceptions to any rulings of said
Court upon matters of law arising in the progress of such
trial, and either party may appeal to the Court of Appeals
of this State from any such rulings, or from the action of said
Court in quashing or refusing to quash such proceedings.

76. The Mayor and City Council may, whenever in their

judgment the public interests or convenience require it, have
any street or alley, or parts thereof, in said city graded, paved,
sewered or otherwise improved, and levy the whole expense
thereof, or any portion thereof, not less than two-thirds, on the
property binding on such street or alley agreeably to the ex-
tent of such lots thereon and collect the expense thereof as
directed in Section 79, and in case less than the whole cost
is assessed upon the abutting property the city shall pay the
remainder thereof; provided that in estimating the number of
front feet upon such street or alley to be improved, in all cases
when a portion of such front feet shall be occupied by a rail-
road track or its slopes, the number of front feet so occupied
shall not be included in said estimate, nor shall said railroad
be assessed with any part of the costs of such improvement,