4488 ARTICLE 20.

Superintendent, and shall not be accepted or paid for by the County
Commissioners until the said County Road Superintendent has certified
to the said Commissioners that the said road has been built according to
contract and specifications, signed by the contractors, if such road is built
by contract.

1916, ch. 260, sec. 235. 1924, ch. 315, sec. 235.

378. It shall be the duty of the Chairman of the State Roads Commis-
sion and Director of Public Works, whenever the office of County Road
Superintendent shall become vacant by death, resignation, removal from
office or from any other cause, immediately to appoint some one to fill
such vacancy in the manner and with the same qualifications as prescribed
in Section 372 of this Article.*

1916, ch, 260, sec. 236.

379. Whenever the County Road Superintendent shall find it neces-
sary to open an outlet or watercourse through private property in Somerset
County, to secure proper drainage of any public road therein, he shall so
inform the County Commissioners of said County, and if the owners of
such property consent to the opening of such outlet or water course, and if
such owner and the County Commissioners shall agree upon the value
and price to be paid for the same, then such consent and agreement shall
be entered in the books of the County Commissioners, and the outlet or
water course shall be opened by the said County Road Superintendent,
in accordance with said agreement; but if the owner and County Com-
missioners shall fail to agree, then the said County Commissioners shall
have such power and authority to condemn the land for such outlet or
water course as is now or hereafter may be conferred by the Code of
Public General Laws of the State for condemning public highways, and
the said County Commissioners shall appoint three examiners to go over
such proposed outlet or water course for such drainage, who, or a major-
ity of whom, shall estimate the damage of the owner or owners of the
land through which the said outlet or water course may be opened, and
the County Commissioners shall tender to the owner of said land the
amount of damages so estimated or ascertained by said examiners, or a
majority of them, and so soon as the same is tendered to the owner or
owners of said property the said County Road Superintendent shall imme-
diately cause such outlet or water course to be opened; said County Road
Superintendent shall furnish said examiner with a plan, showing the pro-
posed location and profile of such outlet or water course, and for the
purpose of making such plan or profile the said County Road Superintend-
ent is authorized to go upon any private property through which said pro-
posed outlet or water course shall pass and make whatever survey or sur-

*Sec. 2, ch. 315, 1924, and sec. 2, ch. 260, 1916, provides that "any law or laws,
or parts of any law or laws, heretofore enacted and affecting or pertaining to the
County Commissioners, their powers and duties over roads and ditches in said
Somerset County, are hereby saved and shall remain in full effect and force, except
so far as the same or any of them may be repealed by or may be inconsistent and
in conflict with the provisions of this Act."