788 COUNTY COMMISSIONERS. [ART. 25

the same upon the property outside the limits thereof; and they shall
contract for the lands that may be required for that purpose, as above
provided, or they may proceed to condemn the lands that may be nec-
essary for the purpose under the provisions of sections 399 to 404, both
inclusive of article 23, title corporations.

The Jurisdiction of county commissioners being special and limited, that
they complied with the requisites to give them Jurisdiction must appear on
the face of the proceedings. Where the proceeding fails to show that the
examiners are "freeholders in the county and not Interested in or holding
lands through which the road is proposed to be opened," the commissioners
have no Jurisdiction, nor has the circuit court, and hence an appeal lies to
the court of appeals. Cumberland Valley R. R. Co. v. Martin, 100 Md. 166.

The county commissioners may close an old road and open a new one
without first appointing examiners. This section compared with the local
act of 1900, ch. 685, section 208. Riggs v. Winterode, 100 Md. 449.

The circuit court upon reversing the action of the county commissioners on
appeal (under article 5, section 84), has no power to appoint examiners.
Gist v. Owings, 95 Md. 307.

Cited but not construed in Winchester v. Cecil County, 78 Md. 267.
See notes to sec. 89.

1904, art. 25, sec. 91. 1888, art. 25, sec. 87. 1860, art. 28, sec. 16. 1853,

ch. 220, sec. 4.

92. The said examiners before they proceed to act as such shall
take an oath to execute the trust reposed in them by the commission to
them issued, faithfully and without favor, affection or partiality; which
oath shall be endorsed on the commission and returned therewith.
See notes to sec. 89.

Ibid. sec. 92. 1888, art. 25, sec. 88. 1860, art. 28, sec. 17. 1853, ch. 220, sec. 3.

93. They, or a majority of them, after giving thirty days' notice in
the manner hereinbefore prescribed, shall meet on the premises and
proceed to examine and determine whether the public convenience
requires that the road should be opened, altered or closed, as the case
may be.

See notes to sec. 89.

Ibid. sec. 93. 1888, art. 25, sec. 89. 1860, art. 28, sec. 18. 1853, ch. 220, sec. 3.

94. If the application be for opening or altering a road, they shall
proceed to locate the same in such manner as will, in their judgment,
best promote the public convenience, and shall cause a plot of the same,
and also of the old road, where the application is to alter or close a
road, to be made out, and shall return the same, together with a full
report of their proceedings, under their hands, to the county commis-
sioners, with the reasons on which their opinions are founded.
Cited but not construed in Winchester v. Cecil County, 78 Md. 267.
See notes to sec. 89.

Ibid. sec. 94. 1888, art. 25, sec. 90. 1860, art 28, sec. 19. 1853, ch. 220, sec. 3.

95. If they shall be of opinion that the road ought not to be opened,
altered or shut up, they shall report their opinion to the county commis-
sioners, together with the reasons on which it is founded.
See notes to sec. 89.