QUEEN ANNE'S COUNTY. 4267

estimate in writing made by him of the cost of building such proposed
road, including necessary bridges on the same, and any such new public
roads which the County Commissioners may hereafter decide to open shall
be built under control and direction of the County Road Engineer, and
shall not be accepted and paid for by the County Commissioners until the
County Road Engineer has certified to said County Commissioners that
the said road has been built according to the contract and specifications
signed by the contractor, if such road is built by contract.

1910, ch. 35, sec. 230J (p. 1068). 1924, ch. 535, sec. 230J.

378. It shall be the duty of the County Commissioners of Queen
Anne's County, whenever the office of County Road Engineer shall become
vacant by death, resignation or removal from office, to appoint, within
sixty days from the date of such vacancy, some person in the same manner
and with the same qualifications as prescribed in Section 371 of this
Article to fill said office of County Road Engineer for the residue of the
period of four years for which the person so dying or resigning or so
removed from office was appointed.

1910, ch. 35, sec- 230K (p. 1068).

379. Whenever the County Road Engineer shall find it necessary to
open an outlet or watercourse through private property in Queen Anne's
County to secure proper drainage of any public road in said county, he
shall forthwith so inform 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 Commissioners 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 watercourses shall be opened by the said County Road
Engineer, but if the owner shall not consent, then the County Commission-
ers shall have such power and authority to condemn the land for such
outlet or watercourse as is now or hereafter may be conferred 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 watercourse 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 watercourse; 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.