MONTGOMERY COUNTY. 3565

public or private, the said county commissioners shall have power to
determine whether public safety or convenience requires that such public
road shall be carried across such railroad or public or private road, at the
place in question, by another grade, or over or under grade crossing, and
upon such determination to make such changes in grade and construction
of such public road as may be necessary for such overgrade or undergrade
crossing, as the case may be, and to construct and provide for the construc-
tion of such bridges, archways or culverts as may be needed for such over-
grade or undergrade crossings, and to provide, by contract or otherwise,
for the maintenance thereof. Said county commissioners shall have power
to determine, after such reasonable opportunity as it may fix, for notice
to all persons or corporations in interest, how much, if any, of the cost of
the work made necessary by such change of grade, or the cost of the con-
struction or maintenance of such overgrade or undergrade crossing, or of
such bridges, archways or culverts as may be needful therefor, shall be
borne by the county, and how much of the same in each instance shall be
borne by any person or persons, corporation or corporations so as afore-
said in interest.

1912, ch. 790, sec. 466.

764. In order that any claim or claims of adjoining property owners
may be fairly dealt with, the said county commissioners shall have power,
on presentation of such claim, after such reasonable notice as they may
fix, to the claimants and all other parties interested, to determine such
claim or claims, and fix the amount thereof, and at the same time to deter-
mine what part thereof, if any, shall be paid by the several parties inter-
ested, and benefited by such change, and to compel payments of the
amounts so assessed in the same manner as assessments are collected in
the case of the opening of new roads or condemnation as provided by this
subtitle of this Article, the parties so assessed or interested to have the
right to appeal from the order of the said commissioners as herein pro-
vided.

1910, oh. 484, sec. 177P. 1912, ch. 109, sec. 177P. 1912, ch. 790, sec. 467.
1918, ch. 229, sec. 177P.

765. Said County Commissioners, in addition to their other powers
and duties under this Act, shall have full charge and control of all drains
and ditches used in connection with the public highways, roads, streets,
avenues, lanes and alleys of the county. Whenever it shall become neces-
sary, in their discretion, to lay out or construct a drain or ditch across or
under the property of an individual or corporation for the purpose of
draining the surface water from any public highway heretofore existing
or hereafter dedicated by grant, condemned or declared to be a public
highway, as provided in this Act, said County Commisisoners shall have
the power to lay out and construct the same in the manner and subject to
the same provisions and restrictions, so far as the same may be applicable,
as are provided herein for the opening, altering, relocating or closing of
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