ROBERT M. McLANE, ESQUIRE, GOVERNOR.

683

SEC. 15. And be it enacted, That said commissioners

may direct by ordinances what material shall be used

in the paving, repairing and curbing the footways, or
any of them, in said town, and provide that the same

Paving footway

shall be done at the expense of the owners of the land

before which said footway shall be made or repaired.

SEC. 16. And be it enacted, That if the owner or

owners of any land shall refuse or neglect for thirty

Neglect to pave

days after notice to pave, cnrb or repair any footway

immediately before his or her land on the same side of

the road, street, lane or alley therewith, as directed by

any ordinance of the commissioners consistent with

this act, the burgess shall cause said work to be done

and collect the experises and costs thereof in the man-

How collected.

ner that county taxes are collected in Carroll county,

or by action of debt.

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

establishing, widening or closing any roads, streets,

Opening roads.

lanes or alleys all damages done, or suffered thereby,

if not agreed upon by the burgess and commissioners,

and the person damaged, shall be determined and

assessed by three disinterested persons of good 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 value the damage to be

suffered by the person or persons interested, and

shall return the damages assessed under their hands

Return the

and seals, with a certificate of their oath from the said

damages.

justice of the peace to the burgess and commissioners

at their meeting immediately following said assessment

of damages, which said assessment of damages shall

be ratified or rejected by said burgess and commis-

sioners, or a majority of them, and any person or

persons feeling aggrieved by the determination of the

burgess and commissioners may, within sixty days

from such determination, appeal to the circuit court

Appeals.

for Carroll county, and the judgment of said court

shall be final, and upon any appeal being taken, it

shall be the duty of said burgess and commissioners to

transmit the papers connected with the case to the

clerk of said court; and before making any attempt to

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

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

Duty to tender.

sioners to tender and pay, or cause to be tendered or

paid, to the person damaged the amount of damages