3564 ARTICLE 16.

County from the final order of ratification or rejection of such report, or
award by the said county commissioners, the parties to such appeal to be
arranged in the record of proceedings as their actual interest may require,
said appeal to be taken within the time and subject to the provisions here-
inafter contained. If after any of the proceedings aforesaid it shall be
finally determined that private or corporate property or any interest
therein is to be taken for public purposes, then the entire cost thereof
and all damages to be paid to persons or corporations found to be dam-
aged by such taking or use shall be deemed due and payable by the said
county commissioners, and all benefits found due from the persons or cor-
porations against whom the same were assessed as aforesaid shall be due
and payable to the said county commissioners, and such assessment or
award shall be considered a tax and lien upon the property real and per-
sonal, of the person or corporation so assessed, to the same extent and as
fully as the State and county taxes, and subject to the same limitations 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 same manner as taxes are ordinarily col-
lected, or by a bill in equity at the instance of the treasurer for the en-
forcement of such lien. And it is further provided that when any road
so opened, altered or relocated cannot be conveniently drained by ditches
or drains alongside of the same, the examiners so appointed as aforesaid
shall provide for such drains upon property outside the limits thereof,
and to provide for carrying off the surface water to the nearest or most
convenient place of discharge, and shall in makinig their estimates of the
cost of said road include reasonable compensation to the person whose
property is so used, and award such compensation as a part of the dam-
ages, and assess the same as a part of the benefits arising from the con-
struction of said road, and report their action in the premises to the said
commissioners as a part of their return and award; and whether such be
specifically returned or not, the examiners shall, in their return and award,
be deemed to have taken into consideration the damage to abutting prop-
erty which may arise from all proper and necessary drainage of said
road at the time of such award or any time thereafter; provided, that no
provision as aforesaid shall be made for draining surface water from
said roads over or across the property of any person who has had notice
of the proceedings and an opportunity to be heard and appeal as herein
provided.

1912, ch. 790, sec. 464.

762. And in all cases where roads are hereafter dedicated to the use of
the public by private grant, such grants shall be taken to carry with them
the right at all times to properly drain such highways without liability to
abutting owners for injuries occasioned in consequence thereof.

1910, ch. 484, sec. 177-O. 1912, ch. 790, sec. 465.

763. Whenever any public road of said county crosses at grade the
line of any railroad worked by steam or other power, or any other road,