WICOMICO COUNTY. 5071

the location of the road to be improved, the extent and character of the
improvement, and the probable cost thereof; and the said County Com-
missioners shall thereupon order the County Road Engineer to examine
the location and purpose set forth in the petition; and if he shall be of
the opinion that the public interest will be promoted thereby, he shall
report his determination to the County Commissioners, setting forth his
reason for such determination, and an estimate of the cost of such improve-
ments; and if the County Commissioners shall approve the report of the
said County Road Engineer, they shall direct the expenditure of any
amount not exceeding one-half the total of said estimate, to be paid out
of the road levy or of other moneys belonging to the county; provided,
that the petitioners for such improvements shall first pay into the treasury
of the county an amount not less than one-half of said estimate; all of
said money to be expended under the direction of the County Road Engi-
neer.

1912, ch. 331, sec. 123.

244. The County Commissioners of Wicomico County shall have the
power by ordinance or resolution of condemning, laying out, opening,
extending and making new roads and for alterating, straightening, widen-
ing, grading, improving or closing up in whole or in part any existing
road, and for removing trees, posts and other obstructions and for laying
out public drains, watercourses and public landings on any navigable
waters in Wicomico county, when in their opinion the public necessity or
convenience require the same, without any previous application or petition;
the County Commissioners may contract with the owner or owners of the
land for the purpose of laying out, opening, extending and making new
roads, and for altering, straightening, widening, grading, improving or
closing up in whole or in part any existing road or for a public drain or
public landing, for the right of way over the land necessary for any said
road or for land for public drains and public landings if he, she or they
be competent to contract; and in case the said County Commissioners
shall so contract they shall cause a plat of the said road to be made by a
competent surveyor and filed and recorded in the office of the Clerk of the
Circuit Court for Wicomico County, with the deed or deeds conveying the
land so acquired, which plat shall be 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 Wicomico county, and be subject to the pur-
poses and uses for which granted; if, however, the County Commissioners
aforesaid shall proceed by condemnation in the exercise of the powers
herein granted, all benefits or damages done, suffered or incurred by
laying out, opening and making of new roads, or by altering, straighten-
ing, widening, grading, improving or closing up, in part or in whole, any
existing road or laying out public drains, water courses or landings, shall
be determined or assessed by three disinterested persons, freeholders and
residents of Wicomico county, and above the age of twenty-one years, who
shall be appointed by the County Commissioners aforesaid, and shall,
within ten days after notice of their appointment, take an oath before a