ALBERT C. RITCHIE, GOVERNOR. 921

SEC. 3. And be it further enacted. That if any owner of
any of said property shall feel aggrieved at the decision of
said Mayor and City Council in having his property included
within said flood district, or omitted therefrom, he shall have
the right of appeal to the Circuit Court for Allegany County,
Maryland, provided that he shall file a written notice thereof
with the City Clerk of Cumberland within ten days from the
date of said ordinance establishing said district. The City
Clerk shall, upon receiving notice of said appeal, immediately
transmit a record of the proceedings of the said commissioners
relative to the property of the party appealing and of the pro-
ceedings of the said Mayor and City Council relative thereto
to the Clerk of the Circuit Court for Allegany County, Mary-
land, who shall docket the same with the name of the protest-
ant as plaintiff and the Mayor and City Council of Cumber-
land as defendant upon the then current trial docket, and the
same shall stand for trial forthwith in said Circuit Court,
and shall have precedence over all other cases pending in said
Circuit Court, with the exception of criminal cases and such
cases as may relate to hearings upon writs of habeas corpus,
provided that upon the trial of said case on appeal no ques-
tion as to mere matter of form or pleading shall be construed
as decisive of the matter in controversy; and upon the trial
of said cause in said Circuit Court either party may ask for
a jury trial and may take Bills of Exceptions to any rulings of
said Court upon matters of law arising in the course of said
trial, and either party may appeal to the Court of Appeals
of this State from any such rulings, or from any substantial
3rror of the Court with relation to said trial.

SEC. 4. And be it further enacted. That upon the final
adoption of the report of the commissioners, and the deter-
mination of any appeals therefrom, the said Mayor and City
Council of Cumberland shall prepare or cause to be prepared
a plan for the prevention of floods in said Will's Creek Flood
District, or any designated part thereof, or for lessening the
danger of or damages from floods in said District or any
designated part thereof, which said plan, when adopted, shall
be known as "The Partial Flood Prevention Plan. " Said
Plan shall include such maps, profiles, blue prints and other
data and descriptions as may be necessary to set forth the loca-
tion and character of the work and of the property benefited