1072 LAWS OF MARYLAND.

of any public road in said county, he shall forthwith so in-
form the County Commissioners of said county, and if the
owner of such property consents to the opening of such outlet or
watercourse, and if such owner, and the said County Commis-
sioners shall agree upon the value and price to be paid for the
same, then such consent and agreement shall be entered on the
books of the County Commissioners, and such outlet or water-
courses shall be opened by the said County Road Engineer, but
if the owner shall not consent, then the County Commissioners
shall have such power and authority to condemn the land for
such outlet or watercourse as is now or hereafter may be con-
ferred by the Code of Public General Laws of the State of
Maryland for condemning public highways, and shall appoint
three examiners to go over such proposed outlet or water-
course for such drainage, who,' or a majority of whom, shall
estimate the damage to the owner or owners of the land
through which said outlet or watercourse runs, and where said
damage so estimated is tendered to the owner of said private
property, the said County Road Engineer shall immediately
cause such outlet or watercourse to be opened; said County
Road Engineer shall furnish said examiners with a plat show-
ing the proposed location and profile -of such outlet or water-
course ; and for the purpose of making such plat and profile the
said County Road Engineer is authorized to go upon private
property through which said proposed outlet or watercourse
shall pass, and to make whatever survey or surveys that he
may deem necessary for such purpose; provided, that any such
outlet or watercourse shall not be opened so as to pass through
the buildings, gardens, yards or burial grounds of any person
without the consent of the owner in writing.

SEC. 2. And be it enacted, That all laws or sections or papts
of all laws conflicting or inconsistent with any provision or
provisions of this Act be and the same are hereby repealed so
far as the same or any of the same conflict or are inconsistent
with any provision or provisions of this Act, saving and except-
ing Chapter 141 of the Acts of the General Assembly of Mary-
land passed at the January Session, 1908, and the amendments
thereto, and Chapter 225 of the Acts of the General Assembly
of Maryland passed at the January Session, 1904, and the
amendments thereto, which said two last-mentioned Acts and
amendments thereto shall in no manner be repealed or amended
by the passage of this Act.

SEC. 3. And be it enacted, That this Act shall take effect
from the date of its passage.

Approved April 1, 1910.