602

LAWS OF MARYLAND.

new road or alteration to be made by a competent surveyor

upon such location or route as in their judgment will best

promote the public convenience.

95 B. Whenever the county commissioners shall decide

May pur-

that it is expedient that a road be opened or altered as

chase
right of

provided in the preceding section, they may contract with

way

the owner or owners of the land through which the said

road is intended to run, for the right of way over the land

required for the opening or altering of said road, if he, she

or they be competent to contract; and in case the said

county commissioners shall so contract, they shall cause

said survey and plat to be recorded in the office of the clerk

of the Circuit Court for said county, which said survey and

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 the county, in the same manner

and to the same extent as the lands of other county roads,

and no further, subject to the public's right of way over the

same ; and the said county commissioners shall also cause

such survey and plat to be filed and recorded in their

own office, with their other proceedings in connection with

such public road.

95 C. It shall be lawful for the said county commissioners

Acquire

of said county to contract for land for drains for county

land for
drains.

roads or other public use or uses, which said land shall be

the property of said county, subject to said use or uses ; and

the said county commissioners are authorized, when the

county roads cannot be conveniently drained by drains

along the said county roads, to make the same upon the

property outside the limits thereof; and they shall contract

for the lands that may be required for that purpose as before

provided ; or they may proceed to condemn the lands that

may be necessary for the purpose under the provisions of

section two hundred and forty-eight to two hundred and

fifty-three, both inclusive, of article twenty-three of the

Code of Public General Laws, title "Corporations."

95 D. Whenever the county commissioners, after having

determined that the public convenience requires the opening.

Ex-
aminers.

altering or closing of a public road, and after having

determined upon the location which, in their opinion will

best promote the public convenience, shall fail for any cause

to contract with the owner or owners of the land necessary

for such road, or if such owner or owners is or are non

compos mentis or under age, they shall appoint three

persons as examiners, who shall be freeholders in the county,

and not interested in or holding lands through which the

road is proposed to be opened or altered, to appraise the