1266 LAWS OF MARYLAND. [CH. 629

SECTION 144. In all cases in which petitions are filed for
the opening, altering or closing of public roads in Frederick
County, outside the taxable limits of any incorporated town or
village, the County Commissioners shall first determine whether
the public convenience requires the opening, altering or closing
of any public road, in whole or in part, as petitioned for, and to
that end may visit in a body or by a committee of their own
number appointed for that purpose, the locality in which it is
proposed to open, alter or close such public road and ascertain
the required conveniences of the community through which it
is proposed such new, altered or closed road shall run, and if
they shall be of the opinion that the public convenience of such
community does require the opening of a new road, or the
altering or closing of an old road, in whole or in part, as the
case may be, but that such convenience would be better served
by the adoption of a different location than that mentioned in
the petition, they shall so determine and shall cause a survey
and plat of the proposed new road or alteration to be made by a
competent surveyor upon such location or route as in their
judgment will best promote the public convenience.

SEC. 145. Whenever the County Commissioners shall decide
that it is expedient that a road be opened or altered as provided
in the preceding section, they may contract with the owner or
owners of the land through which the said road is intended to
run, for the right of way over the land required for the open-
ing or altering of said road, if he, she or they be competent to
contract; and in case the said County Commissioners shall so
contract, they shall cause said survey and plat to be recorded
in the office of the Clerk of the Circuit Court for said county,
which said survey and plat shall be referred to in, and shall be
a part of said deed or deeds; and the lands so conveyed shall
be and become thenceforth the property of the county, in the
same manner and to the same extent as the lands of other county
roads, and no further, subject to the public's right of way over
the same; and the said County Commissioners shall also cause
such survey and plat to be filed and recorded in their own office,
with their other proceedings in connection with such public road,

SEC. 146. It shall be lawful for the said County Commis-
sioners of said county to contract for lands for drains for
county roads or other public use or uses, which said land shall
be the property of said county, subject to said use or uses; and
the said County Commissioners are authorized, when the county
roads cannot be conveniently drained by drains along the said
county roads, to make the same upon the property outside the
limits thereof; and they shall contract for the lands that may be
required for that purpose as before provided.