ALBERT C. RITCHIE, GOVERNOR. 927

proceedings of said Mayor and City Council and of said com-
missioners in said matter, and said appeal shall be docketed
upon the trial docket of the then current term of the Circuit
Court for Allegany County, and shall have precedence over
other civil cases upon said docket; the party taking said ap-
peal shall be docketed as the plaintiff and the said Mayor
and City Council as defendant and either of said parties shall
be entitled to a jury trial to assess the amount of damages pay-
able to him, and the amount of damages payable to him as
determined by said jury shall stand in the place and stead
of the assessment by said commissioners, and upon said ap-
peal, it shall be competent for the Court to quash the proceed-
ings upon the motion of the appellant for errors or omissions
rendering the same fatally defective; 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 such rulings,
or from the action of said Court in quashing or refusing to
quash such proceedings.

SEC. 13. And be it further enacted. That in addition to
the foregoing provisions for condemnation, said Mayor and
City Council may, in their discretion, exercise any and all
of the powers of condemnation granted by this Act, including
the right to condemn the bed of Will's Creek and all water
rights in the same manner and by the same proceedings as is
now provided for condemnation by corporations under Arti-
cle 23, sections 331 to 337, inclusive, of the Code of Public
General Laws of the State of Maryland, and all amendments
and additions thereto.

SEC, 14. And be it further enacted, That said Mayor and
City Council of Cumberland upon the completion of the work
and improvement contemplated by the Partial Flood Preven-
tion Plan shall assess against the property located in. the
Will's Creek Flood District, or the part thereof designated in-
said Partial Flood Prevention Plan, if any part less than the
whole of said District is designated, an amount equal to one-
half of the total cost of said improvement, said cost to include
the amounts paid for property condemned under this Act,
and the assessment against said property shall be made by
. ascertaining the total amount of the tax assessments of all