J. MILLARD TAWES, Governor 125

entitled to recover or be allowed his costs in [said action or pro-
ceeding at law or in equity or in] any proceeding before an orphans'
court may have included as his costs such reasonable sum as may have
been paid by him to such surety company for executing such bond or
any renewal thereof or substitution for the same, during the con-
tinuance of the trusts; and all executors [, ] and administrators [,
trustees, receivers, committees, guardians or other fiduciaries] who
file such bonds shall be entitled to collect the reasonable costs of the
premium or premiums thereon and be allowed the same from the
funds and assets in their hands.

SEC. 20. And be it further enacted, That Sections 46 and 47 of
Article 25 of the Code, title "County Commissioners", sub-title
"Bridges"; Sections 67 and 114 of Article 25 of the Code, title
"County Commissioners", sub-title "Draining Lands"; Section 138
of Article 25 of the Code, title "County Commissioners", sub-title
"Public Roads"; and Section 199 of Article 25 of the Code, title
"County Commissioners", sub-title "Public Watershed Associations",
be and they are hereby repealed and re-enacted, with amendments, to
read as follows:

46. In all cases, upon representation in writing of any citizen or
or citizens of any county in which the county commissioners may
determine to build or repair any bridge or unite with an adjoining
county to build or repair any bridge between the said adjoining
counties filed before a contract for building or repairing has been
made that the said determination of the county commissioners is
inexpedient, and desiring an appeal from such determination, the
county commissioners shall grant such appeal [and cease all further
proceedings until the appeal is decided by the circuit court for the
county].

47. Upon such appeal being taken, the county commissioners
shall [immediately cause to be filed with the clerk of the circuit
court all records, acts, papers and preceedings, or copies thereof
which may be required by] afford the appellant, or his counsel,
[with] full opportunity [for him or his counsel] to examine the
books and papers of the commissioners relative to the matter. [; and
thereupon t] The circuit court shall proceed to try and determine the
matter according to justice and right, with or without the aid of a
jury, as the parties may agree or the court may order.

67. Any person feeling himself aggrieved by any determination of
the county commissioners, or by any proceedings had under this
sub-title relating to drains, may appeal to the circuit court of the
county in which such determination was made or proceedings were
had, and shall be entitled to trial by jury, at the election of either
party [; provided such appeal shall be taken within thirty days from
the date such determination was made or such proceedings were had]
and the judgment rendered thereupon shall be final between the
parties thereto.

114.

If it shall be necessary to acquire a right of way or an outlet over
and through lands not affected by the drainage, and the same cannot
be acquired by purchase, then and in such event the power of