646

LAWS OF MARYLAND.

heard, and shall consider the same and such other testimony as
may come before them, and determine the case as in their
opinion shall seem right and proper.

Contracts
with owners
for right
of way.

SEC. 204. And be it enacted, Whenever the County Com-
missioners shall decide that it is expedient that a road be
opened, as provided in the preceding section, they may con-
tract with the owner or owners of the land through which the
said road is intended to run, for the right of way over the
land necessary for said road, 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 Baltimore County, which
said 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 other county roads, and no further,
subject to the public rights of way over the same; and it shall
be lawful for the said County Commissioners of Baltimore
county so to contract for lands for a public wharf, drains for
county roads or other public use or uses, which said land shall
be the property of said county, subject to said use or uses ;
and whenever the County Commissioners shall deem it expe-
dient that examiners should be appointed to view the grounds
for the purpose of opening, altering or closing a road, they

Appointment
of exam-
iners.

shall appoint three persons as examiners, who shall be
freeholders in the county, and not interested in or hold-
ing lands through which the road is proposed to be opened,
altered or closed; but the appointment of examiners shall not
prevent the said County Commissioners, at any time there-
after, from contracting with the owner or owners as above
provided; and the County Commissioners of said county 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 pur-
pose as above provided, or they may proceed to condemn the
lands that may be necessary for the purpose, under the provi-
sions of sections 248 to 253, both inclusive, article 23, title
"Corporations."

Oath of
examiners.

SEC. 205. And be it enacted, The said examiners, before
they proceed to act as such, shall take an oath to execute the
trust reposed in them, faithfully and without favor, affection