PUBLIC ROADS.

1713

the discretion of the court, be paid in whole or in part by the
petitioners, or levied, collected and paid as the damages herein
before directed.

SEC. 12. And be it enacted. That wherever it shall be ad-
judged by the said court, that the damages, or any proportion
thereof, sustained by reason of opening, widening, straighten-
ing, amending or altering any road, shall be paid by the peti-
tioners, it shall be the duty of the petitioner or some one or
more of them to prove to the satisfaction of the said court, that
the said damages or such proportion thereof as aforesaid, hav-
ing been fully paid or tendered to the respective parties enti-

When ex-
penses are
adjudged, to
be paid by
petitioners;
time limit-
ed, &c.

tled to receive the same ; Provided always, that such proof
shall be offered, and such road well and sufficiently cleared
and made passable as herein before directed, when the same
shall be adjudged to be done at the expense of the petitioners,
within six months next after the judgment of the court, and in
case the said proof shall not be offered and such road cleared
and made passable as herein before directed, when the same
shall be adjudged to be cleared and made passable at the ex-
pense of the petitioners within the time above limited, the said
petition shall be considered as withdrawn by the said petition-
ers, and they are hereby declared answerable and bound for
all costs and charges which may have accrued on such petition,
The time is elongated for twelve months, by 1831, ch.60.

Proviso.

SEC. 13. And be it enacted, That when any old road shall
be straightened, widened, altered or amended according to the
provisions of this act, it shall not be lawful for the person or
persons through whose lands the said road so straightened,
widened, altered or amended passed, to shut up and close any
such parts of the said old road as may be departed from by
such stiaightening, widening, altering or amending, unless
authorized so to do by the order of the said court.

Old road
not to bo
shut with-
out order of
court.

SEC. 14. And be it enacted, That it shall be the duty of the
clerk of Baltimore county court, whenever any load should be
opened, widened, straightened, altered, amended or shut up
agreeably to the provisions of this act, to record at length in a
substantial and well bound book, to be provided and kept by
him for that purpose, all and singular the proceedings which
may have been had in relation thereto, together with a plot of
the same, and such clerk and the sheriff of Baltimore county,
shall be entitled to receive the same fees for all services ren-
dered in virtue of this act, as are now allowed for like services
to be paid as aforesaid.

Record di-
rected , fee
therefor.

SEC. 15. And be it enacted, That all former acts and parts
of acts, heretofore passed upon the subject of opening, straight-
ening, widening, altering, amending or shutting up public
roads, so far as the same relate to Baltimore county, be, and
215

Former acts
repealed.