SOMERSET COUNTY. 1123

Court thereof, shall be fined in a sum, in the discretion of the
Court, not exceeding $300, and shall make good the loss arising
from said neglect of duty or fraud.

SEC. 234. It shall not be lawful for the County Commission-
ers of Somerset County to open any new roads in said county
until they shall have had such proposed roads surveyed and
platted by the County Road Engineer, and an estimate in writ-
ing made by him of the cost of building such proposed new
road, including necessary bridges in the same, and any such
new public roads which the County Commissioners may here-
after decide to open shall be built under the control and direc-
tion of the County Road Engineer, and shall not be accepted
or paid for by the County Commissioners until the said County
Road Engineer has certified to said commissioners that the said
road has been built according to contract and specifications,
signed by the contractors, if such road is built by contract.

SEC. 235. It shall be the duty of the County Commissioners
of Somerset County, whenever the office of County Road En-
gineer shall become vacant by death, resignation or removal
from office, within sixty days from the date of such vacancy, to
appoint some person to fill the same, and in the manner and
with the same qualifications as prescribed in Section 228 of
this Act.

SEC. 236. Whenever the County Road Engineer shall find
it necessary to open an outlet or water course through private
property in Somerset County, to secure proper drainage of any
public road therein, he shall so inform the County Commis-
sioners of said county, and if the owners of such property con-
sent to the opening of such outlet or water course, and if such
owner and the County Commissioners shall agree upon the
value and price to be paid for the same, then such consent and
agreement shall be entered in the books of the County Commis-
sioners, and the outlet or water course shall be opened by the
said County Road Engineer, in accordance with said agree-
ment; 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 of said land the
amount of damages so estimated or ascertained by said exam-