EDWIN WARFIELD, ESQ., GOVERNOR.

809

and upon such determination to make such changes in grade

and construction of such public roads as may be necessary for

such overgrade or undergrade crossing, as the case may be,

and to construct and provide for the construction of such

bridges, archways or culverts as may be needed for such over-

grade or undergrade crossings, and to be provided by contract

or otherwise for the maintenance thereof. Said Highways

Commission shall have the power to determine, after such

Commission
to determine.

reasonable opportunity as it may fix for notice to all persons

or corporations in interest, how much, if any, of the cost of the

work made necessary by such change of grade, or cost of the

construction or maintenance of such overgrade or undergrade

crossing, or of such bridges, archways or culverts as may be

needful therefor, shall be borne by any person or persons, cor-

poration or corporations so as aforesaid in interest. In order

that any claim or claims of adjoining property owners may be

fairly dealt with the Highways Commission shall have power

on presentation of such claims, after such reasonable notice as

it may fix to the claimants and all other parties interested, to

determine such claim or claims and fix the amount thereof,

and at the same time to determine what part thereof, if any,

shall be paid by the several parties interested and benefited by

such change, and to compel payment of the amounts so assessed

in the same manner as assessments are collected in the case

of the opening of new roads; the parties so assessed or inter-

Can appeal.

ested to have the right to appeal from the order of the Com-

mission as hereinafter provided.

205. Said Highways Commission in addition to the other

powers and duties under this Act, shall have full charge and

Commission to

control of all sewers, drains and ditches used in connection with

have control

the public highways, roads, streets, avenues, lanes and alleys

of sewers,
drains, etc.

of the county, and shall keep the same in proper order and re-

pair, subject to liability for the breach of their duties in such

respect as municipal corporations are ordinarily subject. When-

ever it shall become necessary, in its discretion, to lay out or

construct any sewer, drain or ditch, across or under the prop-

erty of any individual or corporation for the purpose of drain-

ing the surface water from any public highway heretofore exist-

ing or hereafter decided by grant, condemned or declared to be

a public highway as provided in this Act, such Highways

Commission shall have the power to lay out and construct the

same in the same manner and subject to the same provisions

and restrictions, so far as the same may be applicable, as are

provided for the opening, altering, relocating or closing of

county roads, and to assess the benefits and award the damages