EDWIN WARFIELD, ESQ., GOVERNOR.

together with a certificate of their qualifications, which may be

ratified or rejected or allowed and amended in whole or in

part by said County Commissioners ; provided, that the County

Commissioners shall give ten days' notice at least by publica-

Proviso.

tion in one newspaper published in Wicomico County or by ten

days' notice at least in writing to each property owner so in-

terested, of the time set for final action on the return of said

examiners, and said County Commissioners shall act on said

return within twenty days after the expiration of said notice,

and may issue new commission, as in their judgment may seem

proper; and before proceeding to actually open, widen, ex-

tend, straighten or close any such road, drain, water course or

landing the County Commissioners shall pay or tender to the

person, his agent, guardian or representative the amount of

damages so awarded ; and if anyone shall feel aggrieved by the

decision of the County Commissioners in any matter affected

by their decision, he may appeal to the Circuit Court for Wi-

Appeal to

comico County by giving written notice within twenty days

court.

from said decision filed with the clerk of the County Com-

missioners of his desire to appeal, and on filing of said notice

it shall be the duty of said clerk to deliver the papers con-

nected therewith to the Clerk of the said court, and the same

proceedings shall be had on the appeal as in cases of appeal

from judgments of justices of the peace; provided, neverthe-

less, that the County Commissioners may decline to open, lay

out, extend, widen, grade or straighten any road, drain, water-

way or landing, notwithstanding the decision of the said

court ; but in case of refusal to do so they shall be liable for all

costs incurred and shall pay the same ; all benefits "assessed by

virtue of the above provisions shall be prior liens on the re-

Benefits to be

spective lots or parcels of ground on which they are assessed

prior liens.

from the time of the final ratification of the aforesaid returns,

and shall be collected as taxes are now collected or may be col-

lected by action.

129. Public roads may be opened, widened or straightened
through any building, orchard, garden or yard, but not through

Opening roads
through cer-

any burial ground or cemetery without the permission and

tain property.

consent of the owners thereof in writing at law. On appeal

the court or jury may alter the award so returned, whether of

damages or benefits, and costs be awarded in the discretion of

the court after final notification that plat shall be filed and re-

corded in the Clerk's office of Wicomico County at the ex-

pense of the County Commissioners.