COUNTY COMMISSIONERS. 915

referred to in, and shall be a part of said deed or deeds, and the lands so
conveyed shall be and become thenceforth the property of the county, in the
same manner and to the same extent as other county roads, and no further,
subject to the public rights of way over the same; and it shall be lawful for
the said county commissioners of any county so to contract for laud for a
public wharf, drains for county roads or order public use or uses, which
said land shall be the property of said county, subject to said use or uses;
and whenever the county commissioners shall deem it expedient that
examiners should be appointed to view the grounds for the purpose of
opening, altering or closing a road, they shall appoint three persons as
examiners, who shall be freeholders in the county, and not interested in or
holding lands through which the road is proposed to be opened, altered or
closed; but the appointment of examiners shall not prevent the said county
commissioners at any time thereafter from contracting with the owner or
owners, as above provided; and the county commissioners of any county are
authorized, when the county roads cannot be conveniently drained by drains
along the said county roads, to make 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 necessary for the purpose under the provisions of sections
331 to 336, both inclusive of article 23, title corporations.

The jurisdiction of county commissioners being special and limited, that they
complied with requisites to give them jurisdiction must appear on face of proceed-
ings. Where proceeding fails to show that 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 circuit court, and hence
an appeal lies to court of appeals. Cumberland Valley R. R. Co. v. Martin, 100
Md. 166.

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

The circuit court upon reversing the action of the county commissioners on
appeal (under art. 5, sec. 90), has no power to appoint examiners. Gist v. Owings,
95 Md. 307.

This section would seem to expressly confer upon county commissioners power
to construct wharves. Chaney v. Anne Arundel County, 119 Md. 387.

Cited but not construed in Winchester v. Cecil County, 78 Md. 267.

See notes to secs. 142 and 143.

An. Code, sec. 92. 1904, sec. 91. 1888, sec. 87. 1853, ch. 220, sec. 4.

146. 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. 143.

An. Code, sec. 93. 1904, sec. 92. 1888, sec. 88. 1853, ch. 220, sec. 3.

147. 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. 143.