ROADS.

2047

themselves aggrieved by reason of inadequacy of damages or
compensation allowed to him, her, or them, by the decision or
decree of the said levy court, the party so aggrieved shall have
the right of appealing for redress to the county court, in which

the case shall be tried by a jury upon issue, or issues, framed
under the direction of the court, and therein the party appeal-
ing shall be plaintiff, and the levy court of Montgomery
county defendant, and the decision of such jury shall be final
and conclusive; Provided, that the said right to appeal shall
cease unless the party shall, within sixty days after the date

Proceed-
ings di-
rected.

of the decree of the levy court, file with the clerk of the levy
court, notice in writing, that he, she or they claim the right of
appealing; and upon the receipt of such notice it shall be the
duty of said clerk to transmit to the county court, at their
next term, the commission and return, plot and decree, and all
other papers filed in the case, to be laid before the jury.

Notice of
appeal to be
filed, &c.

SEC. 9. And be it enacted, That in case the levy court
aforesaid, should reject the return of the examiners, all the
costs and charges incurred in giving notice as aforesaid, and
by allowance to the examiners, to the surveyor, pole and chain
carriers, shall be paid by the petitioners, each one of whom
shall be answerable for the same, or be levied on the county, in
the discretion of the court, either wholly or in such proportion
as they may think proper, and if the levy court shall confirm
the return of the examiners, then all of the said expenses,
together with the whole amount of the damages as assessed
and allowed, shall be paid by the levy court as aforesaid, to
the persons entitled to receive the same, before the road or
any part thereof shall be opened.

Payment
of costs
incurred.

SEC. 10. And be it enacted, That whenever the said levy
court, shall, as aforesaid, order and decree that any road shall
be opened, straightened or altered, and shall cause a copy of
their decree, together with the plot and return, to be delivered
to the clerk of the county court, to be recorded, it shall be his

Plot.;
recorded.

duty to record the same among the land records of the county;
and the said road, when cleared and opened, shall thereafter
be a public highway, and kept in repair as other public roads
are.

Public
highway.

SEC. 11. And be it enacted, That the levy court aforesaid
shall have power to fix and allow a reasonable compensation
to the examiners appointed as aforesaid, to the surveyor, pole
and chain carriers, to be paid as aforesaid, and that they shall
have power and authority from time to time to levy upon the
assessable property of the county aforesaid, such sum or sums
of money as may be a charge upon the county, under and by
virtue of this act.

Compensa-
tion.

SEC. 12. And be it enacted, That all applications for roads
now pending in the county court of said county, shall be dis-

Application
now
peading.