WM. T. HAMILTON, ESQUIRE, GOVERNOR.

757

sioners consistent with this act, the burgess shall

cause said work to be done, and collect the expenses

and cost thereof by distress in the manner that

county taxes are distrained for in Carroll county.

SEC. 17. And 'be it enacted, That in the opening,

establishing, widening or closing any roads, streets,

lanes or alleys, all damage done or suffered thereby,

if not agreed upon by the burgess and commissioners

and the person damaged, shall be determined and

How assessed.

assessed by three disinterested persons of some judg-

ment, residents of said town, to be appointed by

said burgess and commissioners, and who shall take

an oath before a justice of the peace for said county

that they will faithfully and fairly value the damage

to be suffered by the person or persons interested,

and shall return the damages assessed under their

bands and seals, with a certificate of their oath, from

the said justice of the peace, to the burgess and

commissioners at their meeting immediately follow-

ing said assessment of damages, which said assess-

ment of damages shall be ratified or rejected by

Ratified or re-

said burgess and commissioners, or a majority of

jected.

them, and any person or persons feeling aggrieved

by the determination of the burgess and commis-

sioners may, within sixty days from such determina-

tion, appeal to the Circuit Court for Carroll county,

and the judgment of said court shall be final; and

upon any appeal being taken, it shall be the duty
of the said burgess and commissioners to transmit

the papers connected with the case to the clerk of

Transmit pa-

said court, and before making any attempt to open,

pers.

establish, widen or close any road, street, lane or

alley, it shall be the duty of the burgess and com-

missioners to tender and pay, or cause to be tendered

or paid, to the person damaged, the amount of dam-

ages assessed and finally awarded; providing, al-

ways, that no private property shall be taken for

corporate use without compensation to the owner

thereof.

SEC. 18. And be it enacted, That the burgess shall

appoint annually a bailiff for said town, which ap-

pointment shall be subject to the approval of the

Appoint bailiff

commissioners; before said bailiff enters upon his

duties he shall file with the clerk of said corporation

a bond with security, to be approved by the burgess

and commissioners, made to the said corporation for