LAWS OF MARYLAND.

35

case the application shall be for opening or straightening a road, by
opening or straightening the same, taking into consideration the ad-
vantages, and disadvantages of the same, if any; and the said commis-
sioners shall make such ascertainment of damages a part of their re-
tarn to the levy court, and the same with the rest of their proceedings
shall be subject to the ratification, rejection or alteration of the court
in such manner as in their judgment shall be just

Dec. Ses. 1823

8. And be it enacted, That the levy court to whom the return as
aforesaid shall be made, shall determine whether the damages by
them adjudged as aforesaid, shall be paid by the persons petitioning
for the said road, or levied on the county, or may direct the said da-
mages to be paid by the petitioners and the county, in such propor-
tion as the levy court may deem just.

Assess or

Levy.

9. And be it enacted, That in all cases of proceedings under this
act, the damages adjudged by the court shall be paid or secured to be
paid to the respective parties, or their guardians, before the said road
shall be opened, and in case of the death of any of the parties concern-
ed after the valuation made by the commissioners, or a majority of
them, as aforesaid, the damages finally adjudged to him, her or them,
by the court, shall be paid to his, her or their executor, or administra-
tor;—Provided, always, that the signing of any petition presented to
the levy court under this act, shall not make any petitioner liable for
the payment of the damages adjudged by the court or any part there-
of, but the court may in their discretion give judgment against the
petitioners for the costs incut red by any person defending against the
claim of the petitioners where the case shall be decided in favor of
such defendant.

Payment of
damages.

..

10. And be it enacted, That the commissioners aforesaid, shall as
part of their return to the levy court make an estimate of the advan-
tage which the opening and straightening said road will be to the pub-
lic, and what proportion of the expense of opening or straightening
said road shall be paid by the person or persons making application
to the levy court, for the opening and straightening said road.

Advantage
to be estima-
ted.

11. And be it enacted, That the levy court shall have power, when-
ever the commissioners aforesaid determine that the petitioners shall
pay a proportion of the expense of opening and straightening said
road, to take the bond or bonds, with approved sureties of the pe-
titioner or petitioners, or any other persons for the payment of his,
her or their proportion of the expense aforesaid, payable in six
months.

Bonds.

12. And be it enacted, That in all cases where the levy court shall
adjudge, that a road be opened or straightened, it shall be the duty of
the said levy court, at the next levy after their decision shall be given,
to levy on the assessable property of the counties a sum of money
sufficient to open or straighten the said road, as the case may be, and
also sufficient to pay the damages aforesaid, in case the court afore-
said have adjudged that the said damages be paid by the counties, or
such proportion of the said sums as the court shall have adjudged to
be paid by such counties, and it shall be the duty of the levy court to
cause said road to be opened or straightened, as soon as the same can
conveniently be done.

Levy.

13. And be it enacted, That when any road shall be opened or
straightened according to the provisions of this act, and well and suf-
ficiently cleared, it is hereby declared that the same shall be forever

Public high-
way.