790 COUNTY COMMISSIONERS. [ART. 25

1904, art. 25, sec. 100. 1888, art. 25, sec. 96. 1860, art. 28, sec. 25.
1853, ch. 220, sec. 9. 1880, ch. 477.

101. The signing of any petition presented to the county commis-
sioners for opening, altering or closing a public road shall not make any
petitioner liable for the payment of any part of the damages adjudged
by the county commissioners; but the county commissioners may, in
their discretion, give judgment against the petitioners for the costs
incurred by any person defending against the claim of the petitioners,
when the case shall be decided in favor of such defendant; and the
petitioners as aforesaid shall at all times he held responsible for and
shall pay to the several persons entitled to receive the same all costs
and expenses of every kind incurred by and through any proceedings
held and taken in accordance with the provisions of this article, in rela-
tion to public roads, whenever the county commissioners shall refuse
to order the opening, altering or closing of the road as petitioned for.
See notes to sec. 89.

Ibid. sec. 101. 1888, art. 25, sec. 97. 1860, art. 28, sec. 26.
1853, ch. 220, sec. 6.

102. If no objection be made to the return of the examiners at the
meeting of the county commissioners next succeeding the meeting at
which said return shall be made, the county commissioners may proceed
to pass judgment thereon, and affirm or reject the same, or order it to
be amended, in their discretion, or may continue over the proceedings
to their next meeting, and so on from time to time, so long as they
may think proper.

That the return of the examiner is ratified prematurely, is an irregularity
to be corrected on appeal to the circuit court, and not a Jurisdictional mat-
ter to be considered in the court of appeals. Smith v. Goldsborough, 80
Md. 62.

See notes to sec. 89.

Ibid. sec. 102. 1888, art. 25, sec. 98. 1860, art. 28, sec. 27.
1853, ch. 220, sec. 12.

103. The examiners shall be entitled to a compensation for their
services and attendance not exceeding two dollars a day, to be ascer-
tained by the county commissioners, which, with all charges arising
from the survey or attendance of witnesses or other expenses, shall in
the discretion of the county commissioners be paid by the petitioners,
cr leviexi, collected and paid by the county, or apportioned between the
petitioners and the county, as heretofore directed.
See notes to sec. 89.

Ibid. sec. 103. 1888, art. 25, sec. 99. 1860, art. 28, sec. 28.
1853, ch. 220, sec. 10.

104. In all cases where the county commissioners shall adjudge that
a road be opened or altered they shall at the usual time for levying taxes
levy on the assessable property of the county a sum sufficient to open
or alter said road, and also sufficient to pay the damages awarded, if
it shall have been adjudged that the damages be paid by the county, or