ART. 25.] COUNTY COMMISSIONERS—PUBLIC ROADS. 429»

through whose lands the road may pass, if the application shall
be for opening or altering a road, by opening or altering the same,
taking into consideration the advantages and disadvantages of
the same, if any; and they shall make such ascertainment a part
of their return to the county commissioners, and the same, with
the rest of their proceedings shall be subject to the ratification,
rejection or alteration of the county commissioners, in such
manner as in their judgment shall be just

P. G. L., (1860,) art. 28, sec. 23. 1858, ch. 220, sec 8.

94. The county commissioners shall determine whether the
damages adjudged by the examiners shall be paid by the persons;
petitioning for the road or levied on the county, or may direct
that the same be paid by the petitioners and the county, in such,
proportion as they may deem just.

Ibid. sec. 24. 1853, ch. 220, sec. 9.

95. The damages shall in all cases be paid to the respective,
parties or their guardians, agents or attorneys, before the road
shall be opened; and in case of the death of any of the parties
concerned, after the valuation made by the examiners, or a
majority of them, the damages finally adjudged to him or them
shall be paid to his or their personal representatives.

Ibid. sec. 25. 1853, ch. 220, sec 9. 1880, ch. 477.

96. The signing of any petition presented to the county com-
missioners for opening, altering or closing a public road, shall not
make any petitioner liable for the payment of any part of the
damages adjudged by the county commissioners; but the county
commissioners may, in their discretion, give judgment against
the petitioners for the costs incurred by any person defending
against the claim of the petitioners, when the case shall be decided
in favor of such defendant; and the petitioners as aforesaid, shall
at all times be held reponsible for and shall pay to the several
persons entitled to receive the same, all costs and expenses of
every kind incurred by and through any proceedings held and
taken in accordance with the provisions of this article, in relation
to public roads, whenever the county commissioners shall refuse
to order the opening, altering or closing of the road as petitioned
for.