924

LAWS OF MARYLAND.

CHAP. 628.

action on the return of said examiners, and said County Com-
missioners shall act on said return within twenty days after
the expiration of said notice, and may issue a new commis-
sion, as in their judgment may seem proper ; and before pro-
ceeding to actually open, widen, extend, straighten or close
any such road, drain, water-course or landing, the County
Commissioners shall pay or tender to the person, his agent,
guardian or representative, the amount of damages so awarded,
and if any one shall feel aggrieved by the decision of the

May appeal
to the
Circuit Court
for redress.

County Commissioners in any matter affected by their decision
he may appeal to the Circuit Court for Wicomico County, by
giving written notice within twenty days from said decision,
filed with the clerk of the County Commissioners, of his
desire to appeal ; and on the filing of the said notice, it shall
be the duty of the said clerk to deliver the papers connected
therewith to the clerk of the said Court; and the same pro-
ceedings shall be had on the appeal as in cases of appeal from
judgment of justices of the peace ; provided, nevertheless,
that the County Commissioners may decline to open, lay out,
extend, widen, grade or straighten any road, drain, waterway
or landing, notwithstanding the decision of the said Court,
but in case of refusal to do so, they .shall be liable for all costs
incurred and shall pay the same. All benefits assessed by
virtue of the above provisions shall be prior liens on the
respective lots or parcels of ground on which they are assessed
from the time of the final ratification of the aforesaid returns,
and shall be collected as taxes are now collected, or may be
collected by action at law. On appeal the Court or jury may
alter the award so returned, whether of damages or benefits,
and costs be awarded, in the discretion of the Court. After

Plat to be
filed and
recorded.

final ratification the plat shall be filed and recorded in the
clerk's office of Wicomico county, at the expense of the
County Commissioners. And the County Commissioners
shall have the right and power to condemn and acquire land
adjacent to or near any county or public road, the material
on which shall be deemed necessary or to be used in construct-
ing or repairing any county or public road, in the. same manner
and by the same means as in this section provided for the
opening, closing, extending, widening and straightening of
county or public roads.

Public roads
may be
opened, etc.

Section 124. Public roads may be opened through, widened
or straightened through any building, orchard, garden or
yard, but not through any burial ground or cemetery without
the permission and consent of the owners thereof in writing.

Section 125. The supervisors of roads shall be under the
control of the County Commissioners, and the County Com-