MONTGOMERY COUNTY. 957

or any interest therein is to be taken for public purposes, then
the entire cost thereof and all damages to be paid to persons or
corporations found to be damaged by such taking or use shall
be deemed due and payable by the said County Commissioners,
and all benefits found due from the persons or corporations
against whom the same were assessed as aforesaid shall be due
and payable to the said County Commissioners, and such as-
sessment or award shall be considered a tax and lien upon the
property, real and personal, of the person or corporation so
assessed, to the same extent and as fully as the State and
county taxes, and subject to the same limitations 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 same manner as
taxes are ordinarily collected, or by a bill in equity at the in-
stance of the treasurer for the enforcement of such lien. And
it is further provided that when any road so opened, altered
or relocated cannot be conveniently drained by ditches or
drains alongside of the same, the examiners so appointed as
aforesaid shall provide for such drains upon property outside
the limits thereof, and to provide for carrying off the surface
water to the nearest or most convenient place of discharge,
and shall in making their estimates of the cost of said road in-
clude reasonable compensation to the person whose property
is so used, and award such compensation as a part of the
damages, and assess the same as a part of the benefits arising
from the construction of said road, and report their action in
the premises to the said Commissioners as a part of their re-
turn and award; and whether such be specifically returned or
not, the examiners shall, in their return and award, be deemed
to have taken into consideration the damage to abutting prop-
erty which may arise from all proper and necessary drainage
of said road at the time of such award or any time thereafter;
provided, that no provision as aforesaid shall be made for
draining surface water from said roads over or across the
property of any person who has had notice of the proceedings
and an opportunity to be heard and appeal as herein provided.

And in all cases where roads are hereafter dedicated to the
nse of the public by private grant, such grants shall be taken
to carry with them the right at all times to properly drain
such highways without liability to abutting owners for inju-
ries occasioned in consequence thereof.

177o. Whenever any public road of said county crosses at
grade the line of any railroad worked by steam or other power,
or any other road, public or private, the said County Commis-
sioners shall have power to determine whether public safety or
convenience requires that such public road shall be carried