1912

DORCHESTER COUNTY.

•
be paid by such counties, and it shall be the duty of the levy
court to cause said road to be opened or straightened, as soon
as the same can conveniently be done.

Public
highway.

SEC. 13. And be it enacted, That when any road shall be
opened or straightened according to the provisions of this act,
and well and sufficiently cleaied, it is hereby declaied that
the same shall be forever thereafter a public road, and shall be
kept in repair as other public roads are.

Compensa-
tion.

SEC. 14. And be it enacted. That the said commissioner
shall be entitled to receive a compensation for then sei vices
and attendance, not exceeding two dollars a day, to be ascei-
tained by the levy court of the county to which the said plot
or certificate shall be leturned, which together with all
charges arising from the survey or attendance of witnesses or
other process of the court, shall in the disci etion of the said
court, be paid by the petitioners, or levied, collected and paid
by the counties as herein before directed.

Fees.

SEC. 15. And be it enacted, That the officer of the levy court
in said county shall be entitled to receive the same fees for all
business done in virtue of this law as are now allowed for like
services, to be paid as aforesaid.

Former
laws

SEC. 16. And be it enacted, That nothing in this act shall be
construed to repeal the power heretofote vested in the several
levy courts of this state, in and relating to the altering of
public roads through the lands of persons petitioning for such
alterations.

Case of
damages to
be paid by
the pe
titioners

SEC. 17. And be it enacted, That whenever it shall be ad-
judged by the levy court that the damages, or any proportion
of the same sustained by leason of opening, straightening or
shutting up any road, shall be paid by the petitioner therefor,
the levy court shall not pioceed to open or straighten any road
until the said petitioners shall have proved to their satisfaction
that the said damages, or such proportion thereof as aforesaid,
have been fully paid or secured to be paid, the said security
to be determined by the levy court, and tendered to the respec-

Proviso

tive persons authorized to receive the same ; Provided always,
that such proof shall be offered within twelve months next
after the judgment of the court, and in case the said proof
shall not be made within the time above limited, the same pro-
ceedings shall be had as if the judgment of the court had been
against the petitioners, and the said petition shall be considered
as withdrawn by the said petitioners.

Repeal

SEC. 18. And be it enacted, That the act, entitled, an act to
empower and authorize the seveial levy courts of this state
to direct the opening, straightening, or shutting up of public
roads, passed at December session, eighteen bundled and six-
teen, be, and the same is hereby repealed, so far as the same
relates to Somerset and Dorchester counties.