PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 475

papers connected 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,
nevertheless, that the County Commissioners may decline to
open, lay out, extend, widen, grade or straighten any road,
drain, waterway 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 respective lots or parcels of ground on which they are
assessed from the time of the final ratification of the afore-
said returns, and shall be collected as taxes are now collected
or may be collected by action at law. On appeal the Court or
jury may alter the award so returned, whether of damages
or benefits, and award costs in its discretion. On final ratifica-
tion of any report of a commission appointed under the pro-
visions of this section, the clerk to the County Commissioners
shall at once record in a book kept for that purpose of said
return, plat and all proceedings connected therewith; and if
for any reason the person to whom damages are awarded refuse
to receive the damages assessed or from infancy or any other
cause are prevented from receiving or receipting for same, the
damages so assessed shall be deposited in some bank in the City
of Salisbury paying interest on deposits, if any, to the credit
of the person entitled to such damages; and thereupon the
County Commissioners may proceed in the same way as if
said damages had been paid to the person or persons them-
selves. And for the purposes of the survey and plat provided
for in this act the surveyor is authorized to go upon private prop-
erty through which said proposed road, drain, water course or
landing shall pass or be laid out and make whatever survey
or surveys that he may deem necessary. And the County Com-
missioners shall have the right and power to condemn and
acquire land adjacent to or near any county or public road,
the material on which shall be deemed necessary or to be used in
constructing or repairing any county or public road or public
landings in the same manner as in this section provided for the
opening, closing, extending, widening and straightening of
county or public roads or public landings.

124. Public roads, drains and water courses may be opened,
widened or straightened through any building, orchard, garden
or yard, but not through any burial ground or cemetery with-
out the permission and consent of the owner thereof in writing.

125. All new public roads hereafter opened in Wicomico
county shall be made thirty feet wide, except when the County