ROADS.

alteration of the court in such manner as in their judgment
shall be just.

1911

SEC. 8. And be it enacted, That the levy court to whom the
return as aforesaid shall be made, shall determine whether the
damages by them adjudged as aforesaid, shall be paid by the
persons petitioning for the said road, or levied on the county,
or may direct the said damages to be paid by the petitioners
and the county, in such proportion as the levy court may deem
just.

Assessor
levy.

SEC. 9. And be it enacted, That in all cases of proceedings
under this act, the damages adjudged by the court shall be
paid or secured to be paid to the respective parties, or their
guardians, before the said road shall be opened, and in case of
the death of any of the parties concerned after the valuation
made by the commissioners, or a majority of them, as aforesaid,
the damages finally adjudged to him, her or them, by the court
shall be paid to his, her or their executor, or administrator ;
Provided always, that the signing of any petition presented to
the levy court under this act, shall not make any petitioner
liable for the payment of the damages adjudged by the court or
any part thereof, but the court may in their discretion give
judgment against the petitioners for the costs incurred by any
person defending against the claim of the petitioners where
the case shall be decided in favour of such defendant.

Payment of
damages.

SEC. 10. And be it enacted, That the commissioners afore-
said, shall as pait of their return to the levy court make an
estimate of the advantage which the opening and straightening
said road will be to the public, and what proportion of the
expense of opening or straightening said road shall be paid by
the person or persons making application to the levy court, for
the opening and straightening said road.

Advantage
to be es-
timated.

SEC. 11. And be it enacted, That the levy court shall have
power, whenever the commissioners aforesaid determine that
the petitioners shall pay a proportion of the expense of open-
ing and straightening said road, to take the bond or bonds,
with approved sureties of the petitioner or petitioners, or any
other persons for the payment of his, her or their proportion
of the expense aforesaid, payable in six months.

Bonds.

SEC. 12. And be it enacted, That in all cases where the levy
court shall adjudge, that a road be opened or straightened, it
shall be the duty of the said levy court, at the next levy after
their decision shall be given, to levy on the assessable property
of the counties a sum of money sufficient to open or straighten
the said road, as the case may be, and also sufficient to pay
the damages aforesaid, in case the court aforesaid have ad-
judged that the said damages be paid by the counties, or such
proportion of the said sums as the court shall have adjudged to

Levy