222 LAWS OF MARYLAND. [CH. 138

which the proposed 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; pro-
vided that no benefits shall be assessed to any property not
shown on the plat returned by the commission as required by
sub-division (7) of this Section or to the owner or occupant
of any property not shown on said plat or of any right or in-
terest 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, where-
upon such writing, or a certified copy thereof, shall become
the best evidence of the determination so made.

And the said Council shall, within ten days after mak-
ing such determination, cause to be published in one or
more newspapers printed in the City of Salisbury, for at least
two insertions, notice of the fact that such determination has
been made and that damages and benefits have been awarded to
person, persons, 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 (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
ten days after the publication of the notice required
by sub-division (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 for Wicomico County a certified copy of the ordinance,
commission, report, explanatory plat and written evidence of the
determination hereinbefore mentioned and the same proceed-
ings shall be had on appeal as in the case of appeals from the
judgments of Justices of the Peace. The Court or Jury, as
the case may be, may alter the determination of the said Coun-
cil of the damages and benefits, or either, and may award
costs in its discretion.