MONTGOMERY COUNTY. 955

scription and plat shall be made of said road as actually laid
out and existing.

177N. The County Commissioners of Montgomery County
shall have the power at any time of their own volition, and
without petition being filed, to open, alter, relocate or close any
public highway, avenue, street, lane or alley; provide neces-
sary drainage for any public highway, avenue, street, lane or
alley; and all private property or rights therein, including
quarries, deposits of stone, sand, gravel or other road-building
material, rights of way thereto and places for the accumula-
tion of road-making and road-repairing materials and equip-
ment necessary for the exercise of such powers as may be ac-
quired by gift, purchase or rental agreement, or by condemna-
tion.

When said County Commissioners shall conclude that such
condemnation is necessary and desirable in the public interest
they shall give notice of the same by publication in one or
more of the county papers for two successive weeks, setting
forth as near as may be the property or right to be condemned,
the name of the property owners concerned and also the abut-
ting property owners and the date on which the three exami-
ners hereinafter provided for will proceed to view and consider
the same.

The County Commissioners shall then for such purpose ap-
point three examiners, one of whom shall be the Road Superin-
tendent; one a resident of the district in which the proposed
road, property or right to be condemned is located, and who
does not own property in the line of the same, and is not di-
rectly affected thereby or interested therein except as a resi-
dent of such district; and the third a disinterested freeholder
of the county, to go upon the grounds, examine into the public
need for the opening, altering, relocating or closing the road as
aforesaid or of condemning the property or right proposed to
be condemned; determine the probable cost thereof and the
names of the property owners who will be benefited or dam-
aged thereby, and the amount to which each will be so benefited
or damaged, and shall assess the cost of said road, property or
right to be condemned as aforesaid, and damages and benefits
caused thereby upon the persons interested and the county,
respectively, in- such proportions as they shall deem just and
proper, including in such assessments such damages as may
be occasioned by any change of or necessity for fencing along
the line of said proposed road; and if they shall decide that a
road or portion of a road be closed, they shall likewise make an
estimate of the damages and assess the benefits occasioned
thereby. The examiners shall return such assessments to the