WICOMICO COUNTY. 5073

giving written notice within twenty days from said decision filed with
the clerk of the County Commissioners of his desire to appeal, and on
filing of said notice it shall be the duty of said clerk to deliver the papers
connected therewith to the clerk of the said Court, and the same pro-
ceedings shall be had on the appeal as in cases of appeal from judgments
of justices of the peace; provided, nevertheless, that the County Com-
missioners may decline to open, lay out, extend, widen, grade or straighten
any road, drain, waterway or landing, notwithstanding the decision of the
said Court; but in case of refusal to do so they shall be liable for all costs
incurred and shall pay the same; all benefits assessed by virtue of the
above provisions shall be prior liens on the respective lots or parcels of
ground on which they are assessed from the time of the final ratification
of the aforesaid returns, and shall be collected as taxes are now collected
or may be collected by action at law. On appeal the Court or jury may
alter the award so returned, whether of damages or benefits, and award
costs in its discretion. On final ratification of any report of a commis-
sion appointed under the provisions of this section, the clerk to the
County Commissioners shall at once record in a book kept for that pur-
pose of said return, plat and all proceedings connected therewith; and if
for any reason the person to whom damages are awarded refuse to receive
the damages assessed or from infancy or any other cause are prevented
from receiving or receipting for same, the damages so assessed shall be
deposited in some bank in the City of Salisbury paying interest on de-
posits, if any, to the credit of the person entitled to such damages; and
thereupon the County Commissioners may proceed in the same way as if
said damages had been paid to the person or persons themselves. And
for the purposes of the survey and plat provided for in this act the sur-
veyor is authorized to go upon private property through which said pro-
posed road, drain, watercourse or landing shall pass or be laid out and
make whatever survey or surveys that he may deem necessary. And the
County Commissioners shall have the right and power to condemn and
acquire land adjacent to or near any county or public road, the material
on which shall be deemed necessary or to be used in constructing or
repairing any county or public road or public landings in the same man-
ner as in this section provided for the opening, closing, extending, widen-
ing and straightening of county or public roads or public landings.

1912, ch. 331, sec. 124.

245. Public roads, drains and water courses may be opened, widened
or straightened through any building, orchard, garden or yard, but not
through any burial ground or cemetery without the permision and consent
of the owner thereof in writing.

1912, ch. 331, sec. 125.

246. All new public roads hereafter opened in Wicomico county shall
be made thirty feet wide, except when the County Commissioners shall
deem that the public convenience and good may require them to be greater
or less than thirty feet wide.