CHARLES COUNTY. 2079
to assess all damages done, suffered and incurred by the opening, widening
straightening, changing or closing of any such highway, streets, lanes or
alleys, or the construction of any such subways, and any benefits or advan-
tages accruing to any person by the same, or any one of them, as the case
may be; the said Commissioners shall within ten days after notification
of their appointment take an oath before the justice of the peace of the
town that they will faithfully, fairly and without partiality or prejudice
value and assess the loss and damage to be suffered and incurred by, and
the benefits to accrue to any person interested in the property over which
the highways, roads or streets, alleys or lanes are to be opened, closed,
straightened, widened or changed, or such subways to be cut or con-
structed; and they shall give at least ten days' notice by notice in at least
two public places in said town, of the time and place of meeting for the
purpose of executing their commissions; they shall within ten days after
such valuation and assessment report the same in writing under their
hands and seals, with the certificate of their qualification as hereinbefore
provided, to the Commissioners of the town, which said valuation and
assessment shall be ratified or rejected by them as in their judgment may
seem proper; and if any person shall feel aggrieved by the determination
of the Commissioners in ratifying or rejecting the amount of compensa-
tion awarded, loss, benefits and advantages accruing or in any manner
relating to the same, he may appeal within thirty days after said ratifica-
tion or rejection to the Circuit Court for Charles County; either party
may be entitled to a trial by jury, and the judgment of said court shall
be final among the parties; provided that the person taking the appeal
shall within ten days thereafter cause to be delivered to the Circuit Court
the award filed by said Commissioners, together with a copy of the order
of said Commissioners ratifying or rejecting the same, and all other papers
relating thereto.
1929, ch. 214, sec. 32.
71. The said Commissioners may enact all ordinances necessary from
time to time to exercise the powers granted in Section 70 and may exercise
all such other and incidental powers and acts as may be necessary for the
exercise of the powers herein conferred upon them; provided, further, that
all such damage shall in all cases be paid to the respective parties or their
guardians, agents or attorneys, or their personal representatives, before
any such highway, roads, streets, lanes or alleys shall be opened, widened,
straightened, changed or closed, or any subway shall be constructed as
hereinbefore provided. None of the proceedings herein shall be held to be
invalid because of neglect of compliance with matter of form; provided it
shall appear that the substantial requirements herein are essentially com-
plied with and that no injustice has been done to any of the pan-ties because
of non-compliance with such matters of form; and provided, further, that
the said Commissioners shall have the same powers as to cutting across
streets or highways and into adjacent lands for the purpose of draining
that are now possessed by the County Commissioners or Road Commis-
sioners for said county.
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