1006 LAWS OF MARYLAND.

but if the owner and the County Commissioners shall fail
to agree, then the said County Commissioners shall have such
power and authority to condemn the land for such outlet or
water course as is now or hereafter may be conferred by the
Code of Public General Laws of the State for condemning pub-
lic highways, and the said County Commissioners shall appoint
three examiners to go over such proposed outlet or water
course for such drainage, who, or a majority of whom, shall
estimate the damage of the owner or owners of the land through
which the said outlet or water course may be opened, and the
County Commissioners shall tender to the owner or owners of
said land the amount of damages so estimated or ascertained
by said examiners, or a majority of them, and so soon as the
same is tendered to the owner or owners of said property the
said county road engineer shall immediately cause such water
course to be opened; said county road engineer shall furnish
said examiners with a plat showing the proposed location and
profile of such inlet or water course, and for the purpose of
making such plat or profile the said county road engineer is
authorized to go upon any private property through which said
proposed outlet or water course shall pass and to make what-
ever survey or surveys he may deem necessary for such pur-
pose; provided, that any such outlet or water course shall not
be opened so as to pass through the buildings, garden, yard
or burial yard of any person without the consent of the owner
in writing.

237. Any person placing any obstructions upon the public
highways or hedges, roads, lanes, streets, avenues, or alleys
of Somerset county, or interfering with or obstructing the
said ditches, or drains thereof, or encroaching upon the same
with fences or other obstructions, or any person or corporation,
its agents or employes, exercising the business of a common
carrier, permitting his or its vehicles, or steam or other engines
or cars to obstruct any crossing for more than five minutes
for any one time, it shall be guilty of a misdemeanor, and shall
be liable to arrest and prosecution at the instance of the county
road engineer of Somerset county or any road official, his
or their representative, or at the instance of any taxpayer of
the county, and upon conviction by any justice of the peace,
exercising criminal jurisdiction in Somerset county, shall
be fined in an amount not less than one dollar for each offense.
Any person arrested under this section shall have the right
to elect that his case be carried to the Circuit Court for trial.
All fines collected under this section shall be paid into the
general road fund of the county.