WM. PRESTON LANE, JR., GOVERNOR. 131

the amount of damages assessed by the proceedings in court,
to the various owner or owners, and the expenses of said
court proceedings, and their own proceedings, and if the
amount fixed by the jury is larger than the amount fixed by
the appraisers, as hereinbefore provided, the City shall pay
to the property owner or owners said excess, less the amount,
if any, the Department of Assessments has assessed the owner
or owners for benefits, as hereinbefore provided. If, however,
the amount awarded by the jury shall be less than the amount
fixed by the appraisers, the property owner shall be liable to
the City for such excess, and also for any benefits he may be
assessed by the Department of Assessments on account of the
laying out, opening, extending, widening or straightening of
said highway, street, square, lane or alley, and the City shall
be entitled to a judgment in said proceedings against the
said owner or owners, for said amount. The property owner
shall have the right to file exceptions to the amount of the
benefits against him by the Department of Assessments, and
appeal to the Baltimore City Court, and demand a jury trial
thereof any time before the expiration of the time for taking
appeals from assessments for benefits by the Department of
Assessments. In the event that the owner, or one of the
owners of such property is a minor, insane, unknown or
otherwise incapable of receiving said payment, or in case
the owner or owners of such property refuse to accept said
payment, the same may be paid into court and, upon such
payment being made and security given, as aforesaid, any
time after the expiration of ten (10) days from the date of
payment of the amount fixed by the appraisers, the City may
take possession of the property, and proceed with the im-
provement for which the same is sought to be acquired.
Thereafter, the same proceedings shall be had as if the pay-
ment were made to the property owner or owners, as here-
inbefore provided in this section. In any proceedings under
this Act, the petitioner shall pay all the costs in the lower
court to be taxed as in ordinary actions at law, also the
costs of the compensation to the appraisers to be fixed by
the court.

3. Whenever the Mayor and City Council of Baltimore
shall hereafter provide by ordinance for the laying out, open-
ing, extending, widening or straightening of any highway,
street, square, lane or alley, and such ordinance shall provide
that the Department of Assessments shall proceed to acquire
the property necessary in accordance with Section 225 and
following applicable sections of the Baltimore City Charter
(1938 Edition) and an appeal shall have been taken to the
Baltimore City Court from any action of the Department of
Assessments, in fixing the damages to be awarded for the
property proposed to be taken, the said Court, upon the ap-
plication of the Mayor and City Council of Baltimore, may