924 LAWS OF MARYLAND.

of the cost of such improvement; and if the County Commis-
sioners shall approve the report of the said County Road En-
gineer, they shall direct the expenditure of any amount not to
exceed one-half the total of said estimates, to be paid out of
the road levy or of other moneys belonging to the county; pro-
vided, that the petitioners for such improvements shall first
pay into the treasury of the county an amount not less than
one-half of said estimate, all of said money to be expended un-
der the direction of the County Road Engineer.

167i. It shall not be lawful for the County Commissioners
to open any new public road in Kent County until they shall
have such proposed road surveyed and platted by the County
Road Engineer and an estimate in writing made by him of the
cost of building such proposed road, including necessary
bridges on the same, and any such new public roads which the
County Commissioners may hereafter decide to open shall be
built under control and direction of the County Road Engineer
and shall not be accepted and paid for by the County Commis-
sioners 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.

167j. It shall be the duty of the Governor of the State,
whenever the office of County Road Engineer of Kent County
shall become vacant by death, resignation or removal from
office, to appoint, within sixty days from the date of such
vacancy, some person to fill the same, and in the manner and
with the same qualifications as prescribed in Section 167c of
this Act.

167k. Whenever the County Road Engineer shall find it
necessary to open an outlet or watercourse through private
property in Kent County to secure proper drainage of any
public road therein, he shall forthwith so inform the County
Commissioners of said county, and if the owners of such
property consent to the opening of such outlet or water-
courses, and if such owners and the said County Commis-
sioners 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 Commissioners, and such outlet or water-
course shall be opened by the said County Road Engineer, but
if the owners 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
watercourse as is now or hereafter may be conferred by the
Code of Public General Laws of the State of Maryland for con-
demning public highways, and shall appoint three examiners to