ALBERT C. RITCHIE, GOVERNOR. 223

(12) Not later than six months after judgment, in case
an appeal is taken, or after the expiration of ten days
from the determination of damages and benefits by the Council
as aforesaid, in case no appeal is taken, and prior to the pay-
ment 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 im-
provement shall be made.

In case the Council determines not to continue with the pro-
posed 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
occasioned by the determination to discontinue the proceed-
ings other than the costs of appeal, if any, awarded against
them,.

And, in case the Council shall determine to make the pro-
posed improvement, they may, at any time prior to the pay-
ment or tender of damages to any person, refund benefits re-
ceived 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 damages 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 as-
sessed. And the said damages shall be considered personal
property from the time of determination by the Council men-
tioned in sub-division nine (9) of this Section.

And if for any reason the person to whom damages are pay-
able refuses to receive said payment, or, by reason of his in-
fancy 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 bank elsewhere paying such interest, to the credit of the
person entitled to such damages.

(14) All benefits assessed under this Section, less damages a-
warded shall be liens on the respective lots or parcels benefited
by the improvement from the time of passage of the ordinance
required in sub-division two of this Section; provided, that if
the proceedings are discontinued for any reason the lien of such