EMERSON C. HARRINGTON, GOVERNOR. 535

upon the value and price to be paid for the same, then such, con-
sent and agreement shall be entered in the books of the County
Commissioners, and the outlet or water course shall be opened by
the said County Road Superintendent, in accordance with said
agreement; but if the owner and 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 public
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 examiners, or a
majority of them, and so soon as the same is tendered to the
owner or owners of said property the said County Road Superin-
tendent shall immediately cause such outlet or water course to
be opened; said County Road Superintendent shall furnish said
examiner with a plan, showing the proposed location and profile
of such outlet or water course, and for the purpose of making
such plan or profile the said County Road Superintendent is au-
thorized to go upon any private property through which said
proposed outlet or water course shall pass and make whatever
survey or surveys he may deem necessary for such purpose; pro-
vided that such outlet or water course shall not be opened so as
to pass through the buildings, garden, yards, or burial yard
of any person without the consent of the owner in writing.

SEC. 237. Any person or corporation placing any ob-
structions of any kind whatsoever upon the public highways or
bridges, roads, lanes, streets, avenues or alleys of Somerset
County, or interfering with or obstructing any of the ditches
or drains thereof, or encroaching upon the same with the fences
or other obstructions, or any person or corporation, its agents
or employees, exercising the business of a common carrier, per-
mitting his or its vehicle or steam or other engines or cars to
obstruct any crossing for more than five minutes for any one-
time shall be guilty of a misdemeanor, and shall be liable to
prosecution at the instance of the County Road Superintendent
of Somerset County, or at the instance of any tax payer of said
county, and upon conviction by any Justice of the. Peace exer-
cising criminal jurisdiction in Somerset County, shall be fined in-