PHILLIPS LEE GOLDSBOROUGH, GOVERNOR.

whose duty it shall be to lay off such street or avenue in accord-
ance with such application and the provisions of this sub-title
of this Article; but such street or avenue shall be laid off in
conformity with the streets and avenues of Baltimore City, and
with the streets and avenues already laid off in Baltimore
County, so far as practicable, and such other and further pro-
ceedings shall be had and taken in the matter of laying off such
street or avenue as is provided in this Section for the extension
of any street or avenue; all charges and expenses incurred in
any proceedings under this Section, shall be taxed proportion-
ately upon the persons making application, according to the
number of front feet of ground represented in said application;
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
County Commissioners, provided that in case of an appeal 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 County Commission-
ers in writing, setting forth what proportion of said street,
avenue or alley they want condemned, opened, graded and
constructed; but no application shall be entertained by the
County Commissioners for the opening, grading and construc-
tion of any street, avenue or alley, for a less distance than one
square; and when the application is presented, the County
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 provi-
sions of this sub-title of this Article; and before
any examiner 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 happening, arising or issuing from the condemna-
tion, opening, grading and construction 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 mat-