ART. 22. ] COUNTIES AND COUNTY COMMISSIONERS.

209

20. Whenever the county commissioners shall deem it expedient
that examiners should be appointed to view the ground for the pur-
pose of opening, altering, or closing a road, they shall appoint three
persons as examiners, who shall be freeholders in the county, and
not interested nor holding lands through which the said road is pro-
posed to be opened, altered, or closed.

Id s 15
1853, c 220, s 3.
Appointment of
examiners

21. The said examiners, before they proceed to act as such, shall
take an oath to execute the trust reposed in them by the com-
mission to them issued, faithfully and without favor, affection, or
partiality, which shall be indorsed on the commission and returned
therewith

Id s 16
1853, c 220, s 4
Oath of
examiners

22. 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 conveni-
ence requires that the road should be opened, altered, or closed, as
the case may be.

Id s 17
1853. c 220, s 3
Proceedings of
same.

23. 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,

Id s 18
1851, c 220, s 3
To locate road,
and make and
return plot

together with a full report of their proceedings, under their hands,
to the county commissioners, with the reasons on which their opin-

Report to
commissioners.

ions are founded.
24. 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 commissioners, together with the reasons on which it is
founded.
25. No public road 'Shall be opened or altered so as to pass
through the buildings, gardens, yards, or burial-grounds of any per-
son without the consent of the owners thereof in writing. This
section shall not apply to Baltimore county nor to Washington
county.
26. 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.

Id s 19
1853, c 220, s, 3.
To report
reasons for
opinions

1874, c 423;
1876, c 184,
1873, c 286
Consent of
owner necessary
to make road
through build-
ings, etc

Not applicable
to Baltimore or
Washington
counties
Id s 21
1853, c 220, s 11
Width of roads.

27. The examiners, or a majority of them, shall value and ascer-
tain the damages that may be sustained by each person through
whose lands the road may pass, if the application shall be for open-
ing or altering a road, by opening or altering the same, taking into
consideration the advantages and disadvantages of the same, if any,
and they shall make such ascertainment a part of their return to
the county commissioners, and the same, with the rest of their pro-

Id s 22
1833, c 220, s 7.
Examiners to
assess, and
return damages

ceedings, shall be subject to the ratification, rejection or alteration
of the county commissioners, in such manner as in their judgment
shall be just.

Subject to rati-
fication, etc, of
commissioners

28. The county commissioners shall determine whether the dam-
ages adjudged by the examiners shall be paid by the persons peti-
14

Id s 28
1893, c 220, s 8
Commissioners