COUNTY COMMISSIONERS 1047

An. Code, 1924, sec. 146. 1912, sec. 92; 1904, sec. 91. 1888, sec. 87. 1853, ch. 220, sec. 4.

147. 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. 144.

An. Code, 1924, sec. 147. 1912, sec. 93. 1904, sec. 92. 1888, sec. 88. 1853, ch. 220, sec. 3.

148. 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. 144.

An. Code, 1924, sec. 148. 1912, sec. 94. 1904, sec. 93. 1888, sec. 89. 1853, ch. 220, sec. 3.

149. If the application be for opening or altering a road, they shall
proceed to locate the same in such manner as will, in their judgment, best
promote the public convenience, and shall cause a plot of the same, and also
of the old road, where the application is to alter or close a road, to be made
out, and shall return the same, together with a full report of their pro-
ceedings, under their hands, to the county commissioners, with the reasons
on which their opinions are founded.

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

See notes to sec. 144.

An. Code, 1924, sec. 149. 1912, sec. 95. 1904, sec. 94. 1888, sec. 90. 1853, ch. 220, sec. 3.

150. If they shall be of opinion that the road ought not to be opened,
altered or shut up, they shall report their opinion to the county commis-
sioners, together with the reasons on which it is founded.
See notes to sec. 144.

An. Code, 1924, sec. 150. 1912, sec. 96. 1904, sec. 95. 1888, sec. 91. 1853, ch. 220, sec. 5.

1874, ch. 423. 1876, ch. 184. 1878, ch. 286. 1900, ch. 72. 1902, ch 628.

1917, ch. 17. 1931, ch. 98.

151. 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 Alle-
gany County, Baltimore County, Montgomery County, Washington County
or Wicomico County.

If county commissioners violate this section, they are liable for trespass, although
their action in opening the road is not appealed from. Winchester v. Cecil County, 78
Md. 269.

See notes to sec. 144.

An. Code, 1924, sec. 151. 1912, sec. 97. 1904, sec. 96. 1888, sec. 92. 1853, ch. 220, sec. 11.

1929, ch. 46.

152. All roads opened under the provisions of this Article shall be at
least thirty feet wide, and when opened and sufficiently cleared, shall be
public roads. Provided, however, that the County Commissioners of Som-
erset County may build portions of roads less than thirty (30) feet wide
where, in Smith's Island District and in Fairmount District on the road
leading from the main county highway to the village of Rumbley, in their
discretion, the difficulty or cost of building the said roads to the full width
of thirty (30) feet is unwarrantably great.

This section and certain sections of local law for Montgomery County held not con-
clusive that a road used by public and maintained by county, was thirty feet wide.