ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

235

SEC. ... That whenever examiners shall be
appointed in Howard county for the purpose of
opening, altering or closing a public road in
said county, they, or a majority of them, shall
value and ascertain the damages and benefits,
respectively, that may be sustained by each
person damaged or benefited thereby, if the ap-
plication shall be for opening or altering a road,
by opening or altering the same, taking into
consideration the advantages and disadvan-
tages of the same, if any ; and they shall make
such ascertainment a part of their return to the

Opening and
closing public
roads.

county commissioners, and the same, with the
rest of their proceedings, shall be subject to the
ratification, rejection or alteration of the county
commissioners, in such manner as in their judg-
ment shall be just.
SEC..... That the county commissioners shall
determine whether the benefits adjudged by the

Proceedings
subject to rati-
fication.

examiners, or by themselves, the expenses of
opening, making or altering the road in ques-
tion, and the cost of all proceedings relating
thereto shall be paid by the persons petitioning,
those benefited, or the county, or may direct
that the same be paid by the petitioners, those

Who to deter-
mine.

benefited, and the county in such proportions as
they may deem just ; and after the final ascer-
tainment by the county commissioners of the pro-
portions in which and by whom such benefits
shall be paid, the same shall be a debt from the
person or persons against whom the same shall
have been assessed, to the county commissioners,
but no damages or benefits shall be payable until
after the final disposition of any appeal to the
circuit court for said county from the assessment
by the county commissioners of damages or bene-
fits to or against any person or persons.

Final ascer-
tainment.

SEC. 2. And be it enacted, That this act shall
take effect from the date of its passage.

Approved March 29, 1888.

Effective,