276 LAWS OP MARYLAND [CH. 137

erty over, through, by or near which the proposed im-
provement will be made, or to the owner or occupant of
such property or of any right or interest therein, and shall
determine in money value, what, if any, amount of benefit
will accrue by reason of the proposed improvement to any
property over, through, by or near which the proposed im-
provement will be made, or to the owner or occupant of
such property or of any right or interest therein; provided
that no benefits shall be assessed to any property not shown
on the plat returned by the commission as required by sub-
division [(7)] (h) of this section or to the owner or occu-
pant of any property not shown on said plat or of any right
or interest therein.

The said determination of the council shall then and
there be reduced to writing and signed by the president of
the council and annexed to the report of the said commis-
sion, whereupon such writing, or a certified copy thereof,
shall become the best evidence of the determination so
made.

And the said council shall, within ten days after making
such determination, cause to be published in one or more
newspapers printed in the City of Salisbury, for at least
two insertions, notice of the fact that such determination
has been made and that damages and benefits have been
awarded to person, persons, or corporation, and in the
amounts to be set forth in the said notice.

[(10)] (k) At no stage of the proceedings shall the
council have power to depart from the plan, except in some
minor details, as set forth in the ordinance required by
sub-division [(2)] (c) of this section, provided that the
council may depart from such plan by commencing new
proceedings under this section.

[(11)] (l) If any person shall feel aggrieved by the
determination 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 written notice within ten days after the publication
of the notice required by sub-division [(9)] (j) of this sec-
tion, which said notice of appeal shall be filed with the
Clerk of Salisbury. 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, ex-
planatory plat and written evidence of the determination
hereinbefore mentioned and the same proceedings shall be
had on appeal as in the case of appeals from the judgments