178 COUNTY COMMISSIONERS. [ART. 28.

shall be opened, and in case of the death of any of the parties
concerned after the valuation made by the examiners, or a major-
ity of them, the damages finally adjudged to him or them shall
be paid to his or their executors.

25. The signing any petition presented to the county commis-
sioners for opening, altering or changing a public road, shall not
make any petitioner liable for the payment of the damages ad-
judged by the county commissioners, or any part thereof, but
.the commissioners 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 favor of such defendant.

26. If no objection be made to the return of the examiners at
the meeting of the county commissioners next succeeding the
meeting at which said return shall be made, the county commis-
sioners may proceed to pass judgment thereon, and affirm or
reject the same or order it to be amended, in their discretion, or
may continue over the proceedings to their next meeting, and so
on from time to time, so long as they may think proper.

27. The examiners shall be entitled to a compensation for their
services and attendance not exceeding two dollars a day, to be
ascertained by the county commissioners, which, with all charges
arising from the survey or attendance of witnesses or other
expenses, shall in the discretion of the county commissioners be
paid by the petitioners, or levied, collected and paid by the
county, or apportioned between the petitioners and the county
as heretofore directed.

28. In all cases where the county commissioners shall adjudge
that a road be opened or altered, they shall at the usual time for

levying taxes, levy on the assessable property of the county
a sum sufficient to open or alter said road, and also sufficient
to pay the damages awarded, if it shall have been adjudged
that the damages be paid by the county, or such proportion
of the said sums as shall have been adjudged to be paid by
the county, and it shall be the duty of the county commis-
sioners to open or alter the road as soon as it can conve-
niently be done.