THEODORE R. MCKELDIN, GOVERNOR 277

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 discretion.

[(12)] (m) 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
proposed 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
the proposed improvement but shall not have the power
to change their determination to discontinue the said im-
provement.

[(13)] (n) 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 per-
sonal property from the time of determination by the
council mentioned in sub-division [nine (9)] (j) 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