COUNTY COMMISSIONERS. 917
road or levied on the county, or may direct that the same be paid by the
petitioners and the county, in such proportion as they may deem just.
See notes to sec. 143.
An. Code, sec. 100. 1904, sec. 99. 1888, sec. 95. 1853, ch. 220, sec. 9.
154. The damages shall in all cases be paid to the respective parties or
their guardians, agents or attorneys, before the road shall be opened; and
in case of the death of any of the parties concerned, after the valuation
made by the examiners, or a majority of them, the damages finally adjudged
to him or them shall be paid to his or their personal representatives.
See notes to sec. 143.
An. Code, sec. 101. 1904, sec. 100. 1888, sec. 96. 1853, ch. 220, sec. 9. 1880, ch. 477.
155. The signing of any petition presented to the county commissioners
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 be 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 pro-
visions of this article, in relation 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. 143.
An. Code, sec. 102. 1904, sec. 101. 1888, sec. 97. 1853, ch. 220, sec. 6.
156. If no objection be made to the return of the examiners at the meet-
ing of the county commissioners next succeeding the meeting at which said
return shall be made, the county commissioners may proceed to pass judg-
ment 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 examiner is ratified prematurely, is an irregularity to be cor-
rected on appeal to the circuit court, and not a jurisdictional matter to be con-
sidered in court of appeals. Smith v. Goldsborough, 80 Md. 62.
See notes to sec. 143.
An. Code, sec. 103. 1904, sec. 102. 1888, sec. 98. 1853, ch. 220, sec. 12.
157. The examiners shall be entitled to a compensation for their ser-
vices and attendance not exceeding two dollars a day, to be ascertained 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, or levied, collected and
paid by the county, or apportioned between the petitioners and the county,
as heretofore directed.
See notes to sec. 143.
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