MONTGOMERY COUNTY. 3563

or right proposed to be condemned; determine the probable cost thereof
and the names of the property owners who will be benefited or damaged
thereby, and the amount to which each will be so benefited or damaged and
shall assess the cost of said road, property or right to be condemned as
aforesaid, and damages and benefits caused thereby upon the persons inter-
ested and the county, respectively, in such proportions as they shall deem
just and proper, including in such assessments such damages as may be
occasioned by any change of or necessity for fencing along the line of said
proposed road; and if they shall decide that a road or portion of a road be

closed, they shall likewise make an estimate of the damages and assess the
benefits occasioned thereby. The examiners shall return such assessments
to the said county commissioners as a part of their return, and the said
county commissioners shall thereupon cause notice to be given to all per-
sons assessed of their respective assessments for the damages and benefits

so returned by the examiners, by publication in one or more of the news-
papers published in Montgomery County once a week for two successive
weeks, and of the date on which objections to such returns and award will
be heard by the said county commissioners, the date of such hearing to be
not less than twenty days from the date of such return by the examiners,
and copies of such advertisement shall be served personally where prac-
ticable, or left upon the premises of the persons so assessed.

1912, ch. 790, sec. 463.

761. If any person or body corporate or taxpayer of any district in-
terested in the opening, altering, relocating or closing of any road, as
aforesaid, or the condemnation of any such property or property right,
shall feel aggrieved by the award, report or return of said examiners, he,

she or it shall file objections thereto in writing with the said County
Commissioners on or before the date fixed by the notice last aforesaid for
the hearing of such objections, and the said commissioners, on the day so
fixed for said hearing, shall proceed to consider the award, return and
proceedings of the examiners, and all the proceedings in the case, and they
may modify or confirm, reject, reverse, alter, amend or correct the award,
return of report or proceedings, or return the same to the examiners for
alterations, re-corrections or amendments; provided, however, that said
return or report, after having been altered, modified or amended as afore-
said, either by the said commissioners or oxammers, shall not be finally
ratified and confirmed until after the expiration of ten days from the
date of such change, and an opportunity given by the parties interested
to be heard on such change; and provided, further, that the said commis-
sioners or examiners shall not make any change which requires the road
or right to be condemned to pass through or along or injuriously affect the
property of any person not originally notified of the proceedings, or whose
name did not appear in such original advertisement, without giving such
person at least five days' notice of such intended change, and an oppor-
tunity to be heard thereon, or unless such person shall waive such notice.
Any person interested may appeal to the Circuit Court for Montgomery