ART. 3.] ROADS. 233

case the costs of said appeal are not so paid or tendered within
said period, it shall be lawful for the county commissioners to
proceed to act in the premises as if no such appeal had been
taken; and in case any appeal is taken to the circuit court for
said county, and a motion is filed to quash the proceedings in
eaid case, any of the proceedings may be amended as to matters
of form, so that the case may be tried on its merits, and the pur-
poses of justice subserved; or the court may, in its discretion,
remand said case to the county commissioners for alteration, cor-
rection or amendment; and when final judgment is entered by
the circuit court in any case, said court may determine whether
the costs shall be paid by the appellant or appellee.
Tyson v. Co. Comm'rs of Balto. Co., 28 Md. 510.

1878, ch. 340.

202. The county commissioners shall not advertise any notice
of application for opening any new road, or widening, straighten-
ing, altering or closing any old road or parts of any old road,
unless the parties interested in said application shall pay to the
treasurer of Baltimore county, such sum or sums of money as
may be necessary to pay the expense of advertising, surveying,
making plat and the per diem of examiners, and any other
expense that may be incurred before the proceedings in the case
shall be finally ratified and ordered to be recorded; and when the
assessments for benefits shall have been collected and paid into
the treasury of Baltimore county, the county commissioners shall
give an order on the treasurer for the sum or sums of money
paid to him by the parties for such purposes.

Ibid.

203. When no objection shall have been filed within the time
designated in section 201, or if objection shall have been filed
and the road petitioned for confirmed by the county commis-
sioners, or if in case of appeal the order of the county com-
missioners shall be affirmed by the circuit court, the county
commissioners shall record, or cause to be recorded, such road as
a public road of Baltimore county, and the award, if for damages,
shall be paid by them to the person or body corporate entitled to
receive the same, within ninety days from the ratification of said