PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 779

examined and accepted said road shall be opened to public

travel, and shall be recorded as a public road of the County, and
thenceforth kept in repair as such; provided, however,
that the said County Commissioners shall not be liable
in damages for any injury happening on said road by reason of
its disrepair prior to its actual acceptance as a County road.
And it is further provided that when a County road so opened,
altered or relocated cannot be conveniently drained by ditches

or drains alongside the same, the examiners so appointed as
aforesaid shall have the power to provide for such drains upon
the property outside the limits thereof, and to provide for
carrying off the surface water to the nearest or most convenient
place of discharge, and shall in making their estimates of the
cost of said road include reasonable compensation to the person
whose property is so used, and award such compensation as a
part of the damages, and assess the same as a part of the benefits
arising from the construction of said road, and report their

action in the premises to the County Commissioners
as a part of their return and award; and whether such be

specifically returned or not, the examiners shall, in their re-
turn and award, be deemed to have taken into consideration
the damage to abutting property which may arise from all
proper and necessary drainage of said road at the time of its

construction or any time thereafter; provided that no provision
as aforesaid shall be made for draining surface water from said
roads over or across the property of any person who has not
had notice of the proceedings and an opportunity to be heard
and appeal as hereinbefore provided. And in all cases where
roads are hereafter dedicated to the use of the public by private
grant, such grants shall be taken to carry with them the right
at all times to properly drain such highways without liability to
abutting owners for injuries occasioned in consequence thereof.
The County Commissioners of Baltimore County shall also have
the power at any time, of their own volition and without a
petition being filed as hereinbefore provided, to open, alter, re-
locate or close any County road, upon giving notice by publica-
tion of their intention so to do as hereinbefore provided in the
case of petitions, and thereafter taking the same proceedings
herein provided for other cases, with like restrictions as to
notice and provisions for the appointment of examiners, the
taking of appeals, etc.

355 The building and repair of all bridges in Baltimore
County shall be under the control of the County Commissioners
of Baltimore County, and the sole power to agree and