EMERSON C. HARRINGTON, GOVERNOR. 605

the road monies of the County or district for such improve-
ment, if any, and what proportion of the costs shall be paid
by the petitioners and others interested in the work, and shall
have the power to determine what individuals would be dam-
aged and what individuals would be benefited thereby, and
the amount of such individual damage and benefit, and to
allow and assess the same; provided the amount of individual
damage and individual benefit shall not be finally fixed until
notice shall be given to the persons to be affected, and to have
the opportunity to be heard, such persons to have the right to
appeal from the final decision of the said County Commis-
sioners to the Circuit Court for the County; and such assess-
ment or reward shall be considered a tax and lien upon the
property, real and personal, of the person or corporation
assessed to the same extent and as fully as State and County
taxes, and subject to the same limitations as to time, if not
paid within thirty days of the final order of ratification of
such award or return, and may be collected by the treasurer
of the county by an action of debt or in the manner as taxes
are ordinarily collected, or by bill in equity, at the instance
of the treasurer, for the enforcement of the lien. The pro-
cedure in such cases shall conform to that provided in Section
177U of this Article.

177P. Said County Commissioners, in addition to their
other powers and duties under this Act, shall have full charge
and control of all drains and ditches used in connection with
the public highways, roads, streets, avenues, lanes and alleys
of the County. Whenever it shall become necessary, in their

discretion, to lay out or construct a drain or ditch across or
under the property of an individual or corporation for the
purpose of draining the surface water from any public high-
way heretofore existing or hereafter dedicated by grant, con-
demned or declared to be a public highway, as provided in this
Act, said County Commissioners shall have the power to lay
out and construct the same in the manner and subject to the
same provisions and restrictions, so far as the same may be
applicable, as are provided herein for the opening, altering,
relocating or closing of county roads', and to assess the benefits

and award the damages arising therefrom in the same man-
ner.

177Q. The said County Commissioners of Montgomery
County shall have full power to agree and contract with own-
ers of land or materials, the use of which may be required in