896

LAWS OF MARYLAND.

appeal shall be paid or tendered to the clerk of the county

commissioners within thirty days from the date of said

appeal ; and in 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 couuty and a motion is

filed to quash the proceedings in said case, any of the

proceedings may be amended as to matters of form, so that

the case be tried on its merits and the purposes of justice

subserved, or the court may in its discretion remand said

case to the county commissioners for alteration, correction,

or amendment, and when judgment is entered by the Circuit

Court in any case said court may determine whether the

cost shall be paid by the appellant or appellee.

SEC. 202. And be it enacted, That the county commis-

Expenses

i sioners shall not advertise any notice of application for

of adver-
tising.

opening any new road or widening, straightening, 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 expenses of advertising,

surveying, making plat and the per diem of examiners and

any other expenses that may be incurred before the proceed-

ings 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.

SEC. 203. And be it enacted, That when no objection shall

have been filed within the time hereinbefore designated, or

if objection shall have been filed and the road petitioned

Proceed-

for confirmed by the county commissioners of said county,

ings after
confirma-

or if in case of appeal the order of the county commis-

tion.

sioners 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 the county commissioners to the

person or persons or body corporate entitled to receive the

same within ninety days from the ratification of said award

and report, and the award, if for benefits, shall be consid-

ered a tax and lien upon the property assessed, and shall be

paid to the county commissioners or the treasurer of said

county, upon the order of said commissioners within sixty

days from the time the award and report are finally ratified

and confirmed as aforesaid, if not then paid shall be col-

lected as other taxes are collected, provided, thirty days'