PHILLIPS LEE GOLDSBOROUGH, ESQ., GOVERNOR. 1481

to be heard thereon, or unless such person shall waive such
notice. Any person interested may appeal to the Circuit Court
for Montgomery County from the final order of ratification or
rejection of such report or award by the said county commis-
sioners, the parties to such appeal to be arranged in the record
of proceedings as their actual interest may require, said appeal
to be taken within the time and subject to the provisions here-
inafter contained. If after any of the proceedings aforesaid
it shall be finally determined that private or corporate property
or any interest therein is to be taken for public purposes, then
the entire cost thereof and all damages to be paid to persons or
corporations found to be damaged by such taking or use shall
be deemed due and payable by the said county commissioners,
and all benefits found due from the persons or corporations
against whom the same were assessed as aforesaid shall be due
and payable to the said county commissioners, and such assess-
ment or award shall be considered a tax and lien upon the
property real and personal, of the person or corporation so
assessed, to the same extent and as fully as the State and
county taxes, and subject to the same limitations to time, if
not paid within thirty days of the final order of ratification of
such award or return, and may be collected by the treasurer of
the county by an action of debt or in the same manner as
taxes are ordinarily collected, or by a bill in equity at the
instance of the treasurer for the enforcement of such lien. And
it is further provided that when any road so opened, altered or
relocated cannot be conveniently drained by ditches or drains
alongside of the same, the examiners so appointed as aforesaid
shall provide for such drains upon property outside the limits
thereof, and to provide for carrying off the surface water to the
nearest or most convenient place of discharge, and shall in
making their estimates of the cost of said road include reason-
able compensation to the person whose property is so used, and
award such compensation as a part of the damages, and assess
the same as a part of the benefits arising from the construction
of said road, and report their action in the premises to the
said commissioners as a part of their return and award; and
whether such be specifically returned or not, the examiners
shall, in their return and award, be deemed to have taken into
consideration the damage to abutting property which may
arise from all proper and necessary drainage of said road at the
time of such award or any time thereafter; provided, that no
provision as aforesaid shall be made for draining surface water
from said roads over or across the property of any person who
has had notice of the proceedings and an opportunity to be heard
and appeal as herein provided.