JOHN LEE CARROLL, ESQUIRE, GOVERNOR

679

board of examiners by the county commissioners of

said county to the Circuit Court thereof; provided,

Proviso.

said appeal is taken within thirty days from the pas-

sage of said final order of ratification or rejection ;

and provided further, that the costs of the record in

Proviso.

case of appeal, shall be paid or tendered to the

treasurer of said county, or to the clerk of the county

commissioners, within thirty days from the date of

said appeal; and in case the costs of said appeal are

not paid or tendered as aforesaid within the period

aforesaid, it shall be lawful for paid county com- ;

Be lawful

missioners to proceed to act in the premises as if no

such appeal had been taken; and in case any appeal

is taken as aforesaid, to the Circuit Court for said

county, and a motion is filed to quash the proceed-

ings in said case, any of the proceedings may be

amended as to matters of form, so that the case may

May be

be tried on its merits, and the purposes of justice

amended.

subserved, or the court may, in its discretion, re-

mand said case to the county commissioners for

alteration, correction .or amendments, and when

final judgment is entered by the Circuit Court in

any case, said court may determine whether the

costs shall be paid by the appellant or appellee; and

such amendment may be made at any time before

the jury retires to make up their verdict, in case of

jury trial, and in case of trial before the court, at

any time before judgment is entered.

SEC. 16. And be it enacted, That when no objection

shall have been filed within the time hereinbefore

Shall record.

designated, or if objection shall have been filed, and

the road petitioned for confirmed by the county

commissioners of said county, or if in case of appeals,

the order of the county commissioners is affirmed

by the Circuit Court for said county, the county

commissioners shall record, or cause to be recorded,

such road as a public road of Baltimore county, and

the award, if for damages, shall be paid by said county

commissioners to the person or persons, or body

corporate entitled to receive the same, within ninety

days from the ratification of said award and report ;

and the award, if for benefits, shall be considered a

tax and lien upon the property assessed, and shall

Tax and lien.

be paid to the county commissioners, or to the