126 LAWS OF MARYLAND [CH. 36

eminent domain is hereby conferred, and the same may be condemned
and the procedure shall be as provided for in Article 3SA of the
Annotated Code of Maryland, title "Eminent Domain". [Such owner
or owners of the land proposed to be condemned may be made
parties defendant in the manner of an ancillary proceeding, and the
procedure shall be substantially as provided for the condemnation of
rights of way for railroads, so far as the same may be applicable and
s] Such damages as may be awarded as compensation shall be paid
by the board of drainage commissioners out of the first funds which
shall be available from the proceeds of sale of bonds or otherwise.

138.

Whenever the county commissioners shall decide that it is ex-
pedient that a road be opened as provided in Section 137 of this
article they may contract with the owners of the land through
which the said road is intended to run for the right of way over the
land necessary for said road, if he, she or they be competent to
contract; and in case the said county commissioners shall so contract
they shall cause a plat of the said road to be made by a competent
surveyor and filed and recorded in the office of the clerk of the
circuit court for the county in which the deed or deeds conveying the
said lands are required to be recorded, which said 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 other
county roads, and no further, subject to the public rights of way
over the same; and it shall be lawful for the said county commis-
sioners of any county so to contract for land for a public wharf,
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
whenever the county commissioners shall deem it expedient that
examiners should be appointed to view the grounds for the purpose
of opening, altering or closing a road, they shall appoint three persons
as examiners, who shall be freeholders in the county, and not inter-
ested in or holding lands through which the road is proposed to be
opened, altered or closed; but the appointment of examiners shall
not prevent the said county commissioners at any time thereafter
from contracting with the owner or owners, as above provided; and
the county commissioners of any county 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 above provided, or they may proceed to
condemn the lands that may be necessary for the purpose under the
provisions of [Sections 334 to 339, both inclusive of Article 23, title
Corporations. ] Article SS A of the Annotated Code of Maryland, title
"Eminent Domain".

199.

Any person feeling himself aggrieved by any determination of
the county commissioners, or by any proceedings had under this
sub-title relating to works of improvement, may appeal to the
circuit court of the county in which such determination was made
or proceedings were had, and shall be entitled to trial by jury,