ART. 3.] STREETS. 253

ings in the matter. Whenever a street, avenue or alley, or part
thereof, or a thoroughfare, shall be completed, or any work pro-
vided by this sub-title of this article shall be finished, and all the
costs and charges and expenses of the same have been paid, and
there shall be a balance of the assessments for benefits on hand, the
said amount shall be refunded pro rata to the parties who have

paid in the same.

1876, ch. 399.

229. Whenever it may be proposed to condemn, open, grade
and construct a thoroughfare from one public highway or thor-
oughfare to another, and it may be deemed advisable by the
persons making application for the same to use the beds of por-
tions of different streets and avenues for that purpose, application
may be made for condemning, opening, grading and constructing
such portions of said streets and avenues as may be required; and
for the purpose of condemning, opening, grading and construct-
ing such proposed thoroughfare, the line selected, including por-
tions of different streets and avenues, shall be recognized, con-
sidered and acted upon as if it was a continuous line of any
street or avenue; and owners of a majority of front feet of ground
bounding and fronting on the line of said proposed thoroughfare,
may make application to the county commissioners in writing,
setting forth what street or avenue or what portion of any street
or avenue they want condemned, opened, graded and constructed
for such proposed thoroughfare; and when said 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
streets or avenues, or portions thereof as may be applied for, for
such a thoroughfare, in accordance with said application and the
provisions of this sub-title of this article; and all proceedings
which can be had and taken for the condemnation, opening,
grading and construction of any street, avenue or alley, or por-
tion thereof, under the provisions of this sub-title of this article,
can and shall be had and taken for the condemnation, opening,
grading and construction of any street or avenue, or part of any
street or avenue for such a thoroughfare.

Ibid.

230. All streets and avenues, or parts of streets and avenues
that may be condemned, opened, graded and constructed, shall