MONTGOMERY COUNTY. 3561

port upon the need for such improvement and the cost thereof, (and if
there be no road superintendent at the time said appointment should be
made hereunder the examiner appointed by said Commissioners and the
examiner appointed by the said petitioners shall select the third exam-
iner) ; and if the Commissioners shall determine, after such report there-
on, that such improvement should be made, they shall determine the
amount to be appropriated from the road monies of the county or district
for such improvement, if any, and what proportion of the costs shall be
paid by the petitioners and others interested in the work, and shall have
the power to determine what individuals would be damaged and what in-
dividuals would be benefited thereby, and the amount of such individual
damage and benefit, and to allow and assess the same; provided the amount
of individual damage and individual benefit shall not be finally fixed until
notice shall be given to the persons to be affected, and to have the oppor-
tunity to be heard, such persons to have the right to appeal from the final
decision of the said County Commissioners to the Circuit Court for the
County; and such assessment or reward shall be considered a tax and lien
upon the property, real and personal, of the person or corporation assessed
to the same extent and as fully as State and County taxes, and subject to
the same limitations as 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 manner as taxes are
ordinarily collected, or by bill in equity, at the instance of the treasurer,
for the enforcement of the lien. The procedure in such cases shall con-
form to that provided in Section 771 of this Article.

1910, ch. 484, sec. 177K. 1912, ch. 790, sec. 459.

757. Whenever any owner of property in Montgomery county shall
have opened, laid out or graded any avenue or road for the public con-
venience, and is willing to dedicate the same to public uses, by a good and
sufficient deed duly delivered and presented for record, the said county
commissioners are authorized to accept the same, if, in their opinion, the
same be necessary and convenient for public use, and upon such accept-
ance, which shall be endorsed upon and recorded with the deed, said ave-
nue or road shall be kept in good order and repair as the county roads;
provided, however, that said road shall not be less than thirty feet in
width, and duly and properly graded, in the judgment of the said county
commissioners; and provided, further, that a plat of the road so dedicated
shall be furnished with and made a part of said deed and recorded there-
with, and a duplicate plat shall be furnished for preservation among the
records of the said county commissioners.

1910, ch. 484, sec. 177L. 1912, ch. 790, sec. 460.

758. Whenever any road shall have been in use by the public for
twenty years, though the same may never have been condemned or granted
as a public highway, the said county commissioners, if they deem public
necessity requires the adoption of the same as such, shall declare the said