1520 LAWS OF MARYLAND [CH. 534

details, as set forth in the ordinance required by sub-
division (2) of this section, provided that the council may
depart from such plan by commencing new proceedings
under this section.

(11) If any person shall feel aggrieved by the determina-
tion of the council of damages or benefits or by its failure
to award damages to him or his property, he may appeal
to the Circuit Court of Wicomico County by giving writ-
ten notice within ten days after the publication of the
notice required by sub-division (9) of this section, which
said notice of appeal shall be filed with the Clerk of Salis-
bury. And upon the filing of the said notice of appeal, it
shall be the duty of the said Clerk to deliver to the Clerk
of the Circuit Court for Wicomico County a certified copy
of the ordinance, commission, report, explanatory plat and
written evidence of the determination hereinbefore men-
tioned and the same proceedings shall be had on appeal as
in the case of appeals from the judgments of Justices of
the Peace. The Court or Jury, as the case may be, may
alter the determination of the said council of the damages
and benefits, or either, and may award costs in its discre-
tion.

(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
payment 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 improvement shall be made.

In case the Council determines not to continue with the
proposed improvement, new commission may be issued as
in the judgment of the council may deem proper, and the
city shall not be liable for any damages occasioned by the
determination to discontinue the proceedings 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
payment or tender of damages to any person refund bene-
fits received by the city, if any, with interest thereon, and
discontinue the proceedings, and in such case the city shall
not be liable for any damages occasioned by such discon-
tinuance 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