MARVIN MANDEL, Governor                             2331

paid by the board of managers in lieu of the damages
awarded by the drainage viewers.

114.

If it is necessary to acquire a right—of—way or an
outlet over and through lands not affected by the
drainage, and it cannot be acquired by purchase, the
power of eminent domain is conferred, and the
right—of—way may be condemned. The procedure shall be as
provided for in Title 12 of THE REAL PROPERTY Article
[21] of [this] THE Code. The damages awarded as
compensation shall be paid by the board of drainage
commissioners out of the first funds available from the
proceeds of sale of bonds or otherwise.

138.

Whenever the county commissioners decide that it is
expedient that a road be opened as provided in § 137 of
this article they may contract with the owner of the land
through which the road is intended to run for the
right—of—way over the land necessary for the road, if the
owner is competent to contract; and in case the county
commissioners shall so contract they shall cause a plat
of the said road to be Bade 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 lands are required to be recorded, which
plat shall be referred to in, and shall be a part of the
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 county
commissioners of any county so to contract for land for a
public wharf, drains for county roads or other public use
or uses, which land shall be the property of the 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 interested 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 county commissioners at
any time thereafter from contracting with the owner, 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 drains upon the property outside the
limits of the roads; and they shall contract for the
lands that may be required for that purpose, as above