744 LAWS OF MARYLAND.

road therein, he shall forthwith so inform the Eoad Commis-
sioners of said county, and if the owners of such property con-
sent to the opening of such outlet or watercourses, and if such
owners and the said Road Commissioners shall agree upon the
value and price to be paid for the same, then such consent and
agreement shall be entered on the books of the Road Commis-
sioners, and such outlet or watercourse shall be opened by the
said county road engineer; but if the owner and the Road Com-
missioners shall fail to agree as aforesaid, then the Road Com-
missioners shall have such power and authority to condemn the
land for such outlet or watercourse in manner as is now or here-
after be conferred by the Code of Public General Laws of
the State of Maryland to the County Commissioners for con-
demning land for the opening of public roads, and shall appoint
three examiners to go over the outlet or watercourse for such
drainage, and estimate the damage to the owner or owners of
the land through which the said outlet or watercourse shall
run, and make return thereof to the Road Commissioners, after
which, upon tender of the amount so estimated to the said
owner or owners, the said county road engineer shall imme-
diately cause such outlet or watercourse to be opened; pro-
vided, however, that there shall be an appeal to the Circuit
Court from the finding of said examiners, to be filed in the office
of the Road Commissioners within ten days after the return of
the same, and said appeal, provided bond is given with such
security as may be aproved by the Road Commissioners, to
pay the costs of the same, shall stay further proceedings until
said appeal may be heard. The said county road engineer
shall furnish said examiners with a plat showing the proposed
location and profile of such outlet or watercourse; and for the
purpose of making such plat and profile the said county road
engineer is authorized to go upon any private property through
which said proposed outlet or watercourse shall pass and to
make whatever survey or surveys that he may deem necessary
for such purpose; provided, that any such outlet or watercourse
shall not be opened so as to pass through the buildings, gar-
dens, yard or burial grounds of any person without the con-
sent of the owner in writing. In case the said county road
engineer shall find it necessary to obtain gravel lying along or
within three miles of the line of any road in Charles county, for
the grading or repairing of any such road, he may make such
agreement as he may see fit with the owner or owners thereof
for securing the same; and if no agreement can be made; he
shall report the same to the Road Commissioners, who shall
proceed in like manner as above set forth for the condemnation
of land for outlet or watercourse; provided, however, that the