244 BALTIMORE COUNTY. [ART. 3.

such street or avenue in accordance with such application and the
provisions of this sub-title of this article; but such street or avenue
shall be laid off in conformity with the streets and avenues of Bal-
timore city, and with the streets and avenues already laid off in Bal-
timore county, so far as practicable, and such other and further pro-
ceedings shall be had and taken in the matter of laying off such
street or avenue as is provided in this section, for the extension of
any street or avenue; all charges and expenses incurred in any pro-
ceedings under this section, shall be taxed proportionately upon
the persons making the application, according to the number of
front feet of ground represented in said application; and the
amount of such charges and expenses shall be paid to the exam-
iner or examiners before the plat of the street or avenue, with
proper explanations, is returned and filed with the county com-
missioners; provided, that in case of an appeal to the circuit
court, the court may determine whether the costs of the appeal
shall be paid by the appellant or appellee.

1876, ch. 399.

226. Whenever the owners of a majority of front feet of ground
bounding and fronting on any street, avenue or alley, or any part
thereof, referred to in the preceding sections of this sub-title of
this article, may desire to have said street, avenue or alley, or
part thereof, condemned, opened, graded and constructed, they
may make application to the county commissioners in writing,
setting forth what portion of said street, avenue or alley they
want condemned, opened, graded and constructed; but no appli-
cation shall be entertained by the county commissioners for the
opening, grading and construction of any street, avenue or alley,
for a less distance than one square; and when the application is
presented, the county commissioners shall appoint one examiner
or three examiners, in the manner hereinafter provided for,
whose duty it shall be to condemn, open, grade and construct
such street, avenue or alley, or part thereof, in accordance with
said application and the provisions of this sub-title of this article;
and before any examiner or examiners shall proceed to act in the
premises, he or they shall take an oath or affirmation before some
justice of the peace of the State, in and for Baltimore county,
that he or they will well and truly assess the damages and bene-