738 LAWS OF MARYLAND.

which the Comity Commissioners may hereafter decide to open
shall be built under the control and direction of the County
Road Engineer, and shall not be accepted and paid for by the
County Commissioners until the County Road Engineer has
certified to said Commissioners that the said road has been
built according to the contract and specifications signed by the
contractor, if such road is built by contract

SEC. 118j. It shall be the duty of the County Commission-
ers of Cecil County, whenever the office of County Road Engi-
neer shall become vacant by death, resignation or removal from
office, to appoint within sixty days from the date of such va-
cancy some person to fill the same, who shall be appointed for
the balance of the unexpired term of four years from the date
of making said appointment, and in the manner and with the
same qualifications as prescribed in Section 118c of this Act.

SEC. 118K. Whenever the County Road Engineer shall find
it necessary to open an outlet or water course through private
property in Cecil county to secure proper drainage of any pub
lic road therein, he shall forthwith so inform the County Com-
missioners of said county, and if the owners of such property
consent to the opening of such outlet or water course, and if
such owners and the said County 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
County Commissioners, and such outlet or water course shall
be opened by the said County Road Engineer, but if the owner
and the County Commissioners cannot agree as to the price to
be paid for the opening of such outlet or water course, or if the
owner of such property shall refuse to consent to opening of
the same, then the 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 of by the
Code of Public General Laws of the State of Maryland for con-
demning public highways; provided, that any such outlet or
water course shall not be opened so as to pass through the
buildings, gardens, yard or burial ground of any person with
out the consent of the owner or owners in writing.

SEC. 2. And be it enacted, That all Acts or parts of Acts
inconsistent with the provisions of this Act be and the same
are hereby repealed, saving and excepting Chapter 141 of the
Acts of the General Assembly of Maryland, Session of 1908
and the amendments thereto, and Chapter 225 of the Acts of
the Genera] Assembly of Maryland, Session 1904 and the
amendments thereto, which said acts and amendments thereto
shall in no manner be repealed or amended by the passage of
this Act.