ART. 25]. PUBLIC ROADS. 737

1888, art. 25, sec. 90. 1860, art. 28, sec. 19. 1853, ch. 220, sec. 3.

94. 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.
Gist v. Owings, 95 Md. 305

Ibid sec 91. 1860, art 28, see 20 1853, ch. 220, sec. 5. 1874, ch. 423.
1876, ch. 184. 1878, ch. 286. 1900, ch. 72. 1902, ch. 628.

95. 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 Baltimore county, Washington
county and Wicomico county.
Winchester v County Comm'rs, 78 Md. 266. Gist v. Owings, 95 Md. 305.

Ibid. sec. 92. 1860, art. 28, see. 21. 1853, ch. 220, sec. 11.

96. All roads opened under the provisions of this article
shall be at least thirty feet wide, and when opened and suffici-
ently cleared, shall be public roads.
Gist v. Ownings, 95 Md 305.

Ibid. sec. 93. 1860, art. 28, sec. 22. 1853, ch. 220, sec. 7.

97. The examiners, or a majority of them, shall value and
ascertain the damages that may be sustained by each person
through whose lands the road may pass, if the application shall
be for opening or altering a road, by opening or altering the
same, taking into consideration the advantages and disadvanta-
ges of the same, if any; and they shall make such ascertain-
ment a part of their return to the county commissioners, and
the same, with the rest of their proceedings, shall be subject to
the ratification, rejection or alteration of the county commis-
sioners, in such manner as in their judgment shall be just.

Ibid.

Ibid, sec 94. 1860, art. 28, sec. 23. 1853, ch. 220, sec. 8.

98. The county commissioners shall determine whether the
damages adjudged by the examiners shall be paid by the per-
sons petitioning for the road or levied on the county, or may
direct that the same be paid by the petitioners and the county,
in such proportion as they may deem just.

Ibid.

Ibid, sec 95. 1860, art. 28, sec. 24 1853, ch 220. sec. 9.

99. The damages shall in all cases be paid to the respective
parties or their guardians, agents or attorneys, before the road
47