ART. 1.] ALLEGANY COUNTY.

241

whether, in their judgment, the present road, in said
valley, can be so filled up and otherwise repaired and
improved as to render travelling on horse back and in
wagons practicable, and convenient at all ordinary sea-
sons of the year, and if so to make an approximate
estimate of the cost of making such repairs and altera-
tions as they, in their judgment, may consider neces-
sary.

148. If the said commissioners, appointed in the first
section of this act, shall determine that the filling up
and improvement of the present road along Will's creek
is impracticable and inexpedient, then, and in that
event, the said commissioners, named in this act, shall
have full power and authority to lay out and locate the
ground for a new road along the said valley of Will's
creek with the same limits and boundaries that are
allowed for other county roads. And the said com-
missioners are hereby fully empowered to contract and
bargain with the owners of the lands on which the new
road shall be located for the purchase and conveyance
of said land to Allegany county for said road.

Commission-
ers' powers.

149. Said commissioners as aforesaid shall report all
of their proceeding with their estimates of the probable
cost of repairing the old road, and if they should deem
a new road preferable, they shall also report to the
commissioners of Allegany county the probable cost of
said new road.

Report.

150. The commissioners of Allegany county are
hereby authorized, if in their judgment deemed expe-
dient, to levy at their regular levy .term for making
levies to meet the county expenses, such sum or sums
of money as the said commissioners, named in the first
section of this act, shall report to them as being neces-
sary, either to repair the present road or to lay out and

Levy.

make a new road, provided, nevertheless, that the com-
missioners of Allegany county shall not be authorized
to levy any part of the money deemed necessary to

Proviso

improve and repair the old road or make a new road,
until said county commissioners shall first be made
satisfied that one-sixth part of the amount deemed

New or old
roads.