502 LAWS OF MARYLAND.

tion; and the amount of such charges and expenses shall be
paid to the examiner or examiners before the plat of the street
or avenue, with proper explanations, is returned and filed with
the Highways Commission; provided, that in case of an ap-
peal to the Circuit Court, the court may determine whether the
costs of the appeal shall be paid by the appellant or appellee.

387. Whenever the owners of a majority of front feet of
ground bounding and fronting on any street, avenue or alley,
or any part thereof, referred to in the preceding section of this
sub-title of this article, may desire to have said street, avenue or
alley, or part thereof, condemned, opened, graded and con-
structed, they may make application to the Highways Commis-
sion in writing, setting forth what portion of said street, ave-
nue or alley they want condemned, opened, graded and con-
structed; but no application shall be entertained by the High-
ways Commissioners for the opening, grading and construction
of any street, avenue or alley, for a less distance than one
square; and when the application is presented, the Highways
Commissioners shall appoint one examiner or three examiners,
in the manner hereinafter provided for, whose duty it shall be
to condemn, open, grade and construct such street, avenue or
alley, or part thereof, in accordance with said application and
the provisions of this sub-title of this article; and before any ex-
aminer or examiners shall proceed to act in the premises, he or
they shall take an oath or affirmation before some justice of
the peace of the State, in and for Baltimore county, that he or
they will well and truly assess the damages and benefits hap-
pening, arising or issuing from the condemnation, opening,
grading and constructing of said street, avenue or alley, or such
portion thereof as may be applied for, and will, in all respects,
act without prejudice or partiality in said matter; after taking
such oath or affirmation, the examiner or examiners shall give
at least ten days' notice by publication in one or more news-
papers published in Baltimore county, and one newspaper of
general circulation, published in Baltimore city, that such ap-
plication has been made; and after giving such notice, the ex-
aminer or examiners shall cause to be made an explanatory
plat of said street, avenue or alley, or part thereof, and of the
property bounding and fronting on the same, and of the prop-
erty adjacent thereto, if it should be deemed advisable by said
examiner or examiners to do so; and all lands for which dam-
ages have been awarded, or to which benefits have been assessed,
and any house or improvement of any kind on the bed of the
same, which it shall be necessary to remove, in whole or in part,
shall be shown on said plat; and if grades have not been estab-
lished on said street, avenue or alley, or portion thereof applied
for, the examiner shall have grades established in the man-