Maryland County Commissioners Section 104

      Whenever a petition signed by a majority of the resident landowners in a proposed drainage district or by the owners of three fifths of all the land which will be affected by or assessed for the expense of the proposed improvements shall be filed in the office of the clerk of the board of county commissioners of any county in which a part of said lands are located, setting forth that any specific body or district of land in the county and adjoining counties, described in such a way as to convey an intelligent idea as to the location of such land, is subject to overflow or too wet for cultivation, and the public benefit or utility or the public health, convenience or welfare will be promoted by draining, ditching or leveeing the same, or by changing or improving the natural watercourses, and setting forth therein, as far as practicable, the starting point, route and terminus and lateral branches, if necessary, of the proposed improvement, and there is filed therewith a bond for the amount of fifty dollars per mile for such mile of the ditch or proposed improvement, signed by two or more sureties or by some lawful and authorized surety company, to be approved by the board of county commissioners and conditioned for payment of all costs and expenses incurred in the proceedings in case the board does not grant the prayer of said petition, the said clerk shall issue a summons to be served on all the defendant landowners who have not joined in the petition and whose lands are included in the proposed drainage districts. The summons may be served by publication as to any defendants who cannot be personally served as provided by law. When a mortgage is held on land within the proposed drainage district, notice shall be given to the holders of mortgages in all respects as is provided in §§ 103 through 121H for defendant landowners, and they shall have the right to appear before the commissioners in person or by counsel. Upon the return day the said board of county commissioners shall appoint a disinterested and competent civil and drainage engineer who shall be recommended by the State drainage engineer (or if there is no drainage engineer then by the State roads engineer), and two resident freeholders of the county or counties in which said lands are located as a board of viewers to examine the lands described in the petition and make a preliminary report thereon. When the lands proposed to be drained and created into a drainage district are located in two or more counties the board of county commissioners of either county shall have and exercise the jurisdiction herein conferred, and the venue shall be in that county in which the petition is first filed.