PHILIP F. THOMAS, ESQUIRE, GOVERNOR

1849.

SEC. 4. And be it enacted, That said commission
ers are hereby empowered to hear and determine all
road cases now pending before them, and the same when
decided shall be as valid as if the requirements of the act
of eighteen hundred and forty-five, chapter one hundred

and eighty-five had been literally pursued.

CHAP. 20.

Sec. 5. And be it enacted, That so much and such
part of the third section of the act passed at December
session, eighteen hundred and thirty, chapter seventy-five,
as requires publication in all the newspapers printed in
said county, be and the same is hereby repealed, and
that from and after the passage of this act, the provisions
of said section shall be gratified by advertisement of the
matters therein specified in such newspapers printed in
said county, as the commissioner of said county may
direct.

Commissioners
may direct.

Sec. 6. And be it enacted, That the expenses of
the publication required by the first section of the act of
eighteen hundred and thirty-four, chapter one hundred
and sixteen, shall not be allowed and taken by the
commissioners of Washington county, as part of the
Costs of any road cases, but said expenses shall be paid
by the petitioners for said road.

Expenses to be
paid by peti-
tioner.

SEC. 7. And be it enacted, That in all cases of ap-
peal under the provisions of the act passed at December
session, eighteen hundred and thirty-four, chapter one
hundred and sixteen, the party or parties appealing be
plaintiff, and the party or parties in whose favor the de-
cision of the commissioners was given shall be defen-
dant, and the costs of such appeal, together with all other
costs incurred in such road case, shall be paid by the
party or parties who may fail upon said appeal, in the

Expenses to be
paid by parties
applying.

county court; provided, such failure on appeal as afore-
said did not occur by reason of a defect in the proceed-
ings of the board of commissioners, their officers, or the
examiners appointed to examine and locate said road or
roads, and the clerk of Washington county court is
hereby required to tax all the costs aforesaid to the par-
ty or parties who may fail in said appeal, and the com-
missioners of said county shall in no way be held res-

ponsible for or liable to said cost.

Proviso.

SEC. 8. And be it enacted, That all acts inconsistent
with the provisions of this act, be and the same are here-
by repealed.

Repealed.