530

LAWS OF MARYLAND.

of said appeal are not paid or tendered aforesaid,

within the period aforesaid, it shall be lawful for the

County Commissioners to proceed to act in the prem-

ises as if no such appeal had been taken ; and in case

any appeal is taken, as aforesaid, to the Circuit Court

for said county, and a motion is filed to quash the pro-

ceedings in said 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 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 final 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. 3 6. And be it enacted, That the County Com-
missioners shall not advertise any notice of appli-

cation for opening any new road, or widening,

straightening, altering or closing of any old road or

parts of any old road, unless the parties interested in

Fay expense
of advertising

said application shall pay to the Treasurer of Balti-

more county such sum or sums of money as may be

necessary to pay the expense of advertising, survey-

ing, making plat and per diem of examiners, and

any other expense that may be incurred, before the

proceedings in the case shall have been finally rati-

fied and ordered to be recorded, and when the assess-

ments 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 aforesaid and for the purposes aforesaid.

SEC. 17. And be it enacted, That when no objec-

Objection to

tion shall have been filed within the time hereinbe-

be filed.

fore designated, or if objection shall have been filed

and the road petitioned for confirmed by the County

Commissioners of said county, or if in case of appeal

the order of the County Commissioners is affirmed

by the Circuit Court for said county, 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 the County

Commissioners to the person or persons, or body cor-

porate, entitled to receive the same, within ninety