WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 677

	aminers, it shall be the duty of the court, instead
	of quashing said proceedings, to remand the same to
	said examiners for that purpose, whenever the ends
	of justice may be secured, and delay or expense may
	be saved thereby; and when final judgment is en-
	tered by the Circuit Court in any case, said court
	may determine whether the costs shall be paid by	Who to pay
	the appellant or appellee; and the amendment afore-	coats.
	said may be made at any time before the jury may
	retire to make up their verdict, in case of jury trial,
	and in case of trial before the court, at any time be-
	fore judgment is entered; and if no appeal shall be
	taken within the time designated, or if the appeal
	or appeals should be dismissed, it shall be the duty
	of the County Commissioners of Baltimore county
	to ratify and confirm the statement, plat and pro-
	file as returned and deposited by the said examin-
	ers, and after the ratification and confirmation of
	such statement, plat and profile by the said county
	commissioners, or by the decision and order of the
	Circuit Court for Baltimore county, as the case may
	be, the said examiners shall, at such time as they
	may deem advisable, advertise for proposals for com-	Advertise for
	pleting said avenue as aforesaid, by publication once	proposals.
	a week in one or more newspapers published in Bal-
	timore county, and twice a week in one or more
	newspapers published in Baltimore city, for two
	successive weeks, and, after examining such pro-
	posals, said examiners shall, at such time as may be
	deemed proper to do so, award the contract or
	contracts to the lowest responsible bidder or bidders,
	and upon such terms and conditions as may be deem-
	ed proper and judicious ; and the said examiners are
	hereby required to take and receive a bond of any
	contractor, with a penalty to the County Commis-
	sioners of Baltimore county, for the prompt and
	faithful performance of the work to be done, and of
	the contract so entered into.
	SEC. 5. And be it enacted, That whenever any
	assessment for benefits shall exceed the amount of	Benefit as-
	damages, the assessment of benefits may be credited	sessment may
	with the damages allowed, and the difference shall	be credited.
	be the amount due and collectable for benefits, and
	such credit shall be recognized and taken as a full
	settlement, discharge and payment for all such dam-