THEODORE E. MCKELDIN, GOVERNOR 1521

the proposed improvement but shall not have the power
to change their determination to discontinue the said im-
provement.

(13) The city, before actually undertaking the work of
the proposed improvement SHALL pay or tender to the
person, his agent, guardian or representative, the amount
of damages awarded less the amount of benefits assessed.
And the said damages shall be considered personal prop-
erty from the time of determination by the council men-
tioned in sub-division nine (9) of this section.

And if for any reason the person to whom damages are
payable refuses to receive said payment, or, by reason of
his infancy or other cause, is unable to receive and receipt
for the same, the sum due him as damages less the amount
of benefits assessed against his property shall be deposited
in some bank in Salisbury paying interest on deposits, if
any, otherwise in a bank elsewhere paying such interest,
to the credit of the person entitled to such damages.

(14) All benefits assessed under this section, less dam-
ages awarded shall be liens on the respective lots or parcels
benefited by the improvement from the time of passage of
the ordinance required in subdivision two of this section;
provided, that if the proceedings are discontinued for any
reason the lien of such assessment shall be void ab initio.
Such assessments may be collected as taxes are collected
or by action of law.

(15) Upon payment, or tender and deposit in proper
case, of all damages awarded, the title to the lands con-
demned shall pass to the city, to have and to hold as other
lands are held for public purposes.

(16) If the council shall fail to determine to proceed
with the proposed improvement within the six months men-
tioned in sub-division (12) of this section, then the pro-
ceedings shall be null and void ab initio. But if the coun-
cil shall determine to proceed with the proposed improve-
ment within the said time, then the proceedings shall be
valid and binding, in spite of irregularities, defects and
errors therein, upon all persons and corporations men-
tioned in the notice required by sub-division nine of this
section, who have not filed an appeal as provided in sub-
division eleven of this section and upon all property of
such persons or corporation damaged, taken or benefited
by virtue of such proceedings, it being the intention of
this sub-division to cure all defects in such proceedings