174 LAWS OF MARYLAND. [CH. 117

explanatory map, to be opened, extended, widened, straight-
ened or closed up as the case may be.

69. If any person to whom any damages have been
awarded, or against whom any benefits have been assessed,
shall feel aggrieved by the decision made in manner afore-
said, he shall have the right of appeal to the Circuit Court
for Washington County, provided written notice of an in-
tention to appeal be served upon the Mayor or one of the
Councilmen within ten days after the said decision shall
have been made; and the same proceedings shall be had
on such appeal as is provided nevertheless, that the Coun-
cil shall not be compelled to accept the judgment of the
Circuit Court for Washington County, but may decline to
lay out, open, extend, widen or straighten or close up any
street, lane, alley, square, highway, such refusal by the
Council, all costs incurred shall be paid by the City of
Hagerstown.

70. All benefits assessed against any lot or parcel of
ground (or the owner or occupant thereof) shall be a lien
against said lot or parcel of ground from the time the Coun-
cil shall finally order the opening, widening, extending,
straightening or closing up of any street, highway, lane,
alley, square, sewer, sanitary sewer, drain or water-course,
as the case may be; and it shall be the duty of the Council,
immediately upon the passage of such order, to certify, to
the person charged with collecting taxes the amount of
benefits so assessed against any lot or parcel of ground,
who shall forthwith enter the same on his books against
the property so assessed; such benefits shall be collected
as other taxes are collected; provided, that no property be
sold for the payment of benefits until after the expiration
of three months from the date of the passage of the order
of the Council in the premises.

71. The notices herein provided to be given by the City
shall apply in all cases, whether the owners of property
to be affected by their proceedings be residents or non-
residents, infants, persons non compos mentis, or persons
laboring under any other legal disability.

72 Before the City of Hagerstown shall be liable for
damages of any kind the person injured, or someone in his
behalf, shall give the Mayor or City Clerk notice in writ-
ing of such injury within thirty days after the same has
been received, stating specifically in such notice, when,
where and how the injury occurred, and the extent thereof.
The City of Hagerstown shall never be liable on account