690

LAWS OF MARYLAND.— 1818.

county court shall have adjudged that the said damages be paid
by the county, or such proportion of the said sums as the
county court shall have adjudged to be paid by such county,
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 be conve-
niently done.

When
opened and
cleared to
be a public
road.

SEC. 12. And be it enacted, That when any road shall be
opened or straightened according to the provisions of this act,
and well and sufficiently cleared, it is hereby declared that the
same shall be for ever thereafter a public road, and shall be
kept in repair as other public roads are.

Commis-
sioners'
compen-
sation.

SEC. 13. And be it enacted, That the said commissioners
shall be entitled to receive a compensation for their services and
attendance, not exceeding two dollars a day, to be ascertained
by the county court of the county to which the said plot or cer-
tificate shall be returned, which, together with all charges aris-
ing from the survey or attendance of witnesses, or other process
of the court, shall in the discretion of the said court, be paid by
the petitioners, or levied, collected and paid, by the county, as
herein before directed.

Fees of
officers of
county
courts.

SEC. 14. And be it enacted, That the officers of the several
county courts of this state 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.

Nothing in
this act to
repeal
power
vested in
levy courts
relating to
altering
roads.

When
damages
are ad-
judged to be
paid by pe-
titioners,
judgment
not to be
transmitted
until dama-
ges are paid

SEC. 15. And be it enacted, That nothing in this act shall be
construed to repeal the power heretofore 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 altera-
tion.
SEC. 16. And be it enacted, That whenever it shall be ad-
judged by the county court that the damages, or any proportion
thereof, sustained by reason of opening, straightening or shut-
ting up, any road, shall be paid by the petitioners therefor, the
clerk of the county court shall not transmit to the levy court a
copy of the said judgment as aforesaid, until the said petitioners
shall have proved to his satisfaction that the said damages, or
such proportion thereof as aforesaid, have been fully paid or
tendered to the respective persons authorized to receive the

Proviso.

same; Provided always, that such proof shall be offered within
six 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 proceedings 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.

Act
repealed.

SEC. I7. And be it enacted, That the act, entitled, an act to
empower and authorize the several county courts of this state
to direct the opening, straightening, or shutting up, of public