ART. 25] PUBLIC ROADS. 789

1904, art. 25, sec. 95. 1888, art. 25, sec. 91. 1860, art. 28, sec. 20. 1853, ch. 220,

sec. 5. 1874, ch. 423. 1878, ch. 184. 1878, ch. 286.

1900, ch. 72. 1902, ch. 628.

96. No public road shall be opened or altered so as to pass through
the buildings, gardens, yards, or burial grounds of any person without
the consent of the owner thereof in writing. This section not to apply
to Baltimore county, Washington county and Wicomico county.

If the county commissioners violate this section, they are liable for tres-
pass, although their action in opening the road is not appealed from. Win-
chester v. Cecil County, 78 Md. 269.
See notes to sec. 89.

Ibid. sec. 96. 1888, art. 25, sec. 92. 1860, art. 28, sec. 21. 1853, ch. 220, sec. 11.

97. All roads opened under the provisions of this article shall be at
least thirty feet wide, and when opened and sufficiently cleared, shall bt
public roads.

See notes to sec. 89.

Ibid. sec. 97. 1888, art. 25, sec. 93. 1860, art. 28, sec. 22.
1853, ch. 220, sec. 7.

98. The examiners, or a majority of them, shall value and ascertain
the damages that may be sustained by each person through whose lands
the road may pass, if the application shall be for opening or altering
a road, by opening or altering the same, taking into consideration the
advantages and disadvantages of the same, if any; and they shall make
such ascertainment a part of their return to the county commissioners,
and the same, with the rest of their proceedings, shall be subject to the
ratification, rejection or alteration of the county commissioners, in such
manner as in their judgment shall be just.
See notes to sec. 89.

Ibid. sec. 98. 1888, art. 25, sec. 94. 1860, art. 28, sec. 23.
1853, ch. 220, sec. 8.

99. The county commissioners shall determine whether the damages
adjudged by the examiners shall be paid by the persons petitioning for
the road or levied on the county, or may direct that the game be paid
by the petitioners and the county, in such proportion as they may deem
just.

See notes to sec. 89.

Ibid. sec. 99. 1888, art 25, sec. 95. 1860, art. 28, sec. 24.
1853, ch. 220, sec. 9.

100. The damages shall in all cases be paid to the respective parties
or their guardians, agents or attorneys, before the road shall be opened;
and in case of the death of any of the parties concerned, after the
valuation made by the examiners, or a majority of them, the damages
finally adjudged to him or them shall be paid to his or their personal
representatives.

See notes to sec. 89.