commis-
sioners to
examine
and locate
roads, &c.
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a number not less than twenty, of the taxable inhabitants of
said county, setting forth that the public convenience requires
the opening of any new road) or the widening, straightening,
altering, amending or shutting up any old road, or part of any
old road, in said county, and sufficiently describing in such peti-
tion, the road proposed to be opened, straightened, widened, al-
tered, amended or shut up, to issue a commission to not less than
three, nor more than five commissioners, free-holders of the said
county, and not related to any of the parties interested, nor hold-
ing lands through which the said road is proposed to be opened,
straightened, widened, altered, amended or shut up, autho-
rizing and requiring the said commissioners, or a majority
of them, to meet on the premises, and examine and determine
whether the public convenience requires that the said road
should be opened, straightened, widened, altered, amended or
shut up ; and if in the opinion and judgment of the said com-
missioners or a majority of them, the public convenience does
require the said road to be opened, straightened, widened,
altered, amended or shut up, the said commissioners or a ma-
jority of them, shall in case the application shall be for opening,
straightening, widening, altering or amending a road, proceed
to locate the same, in such manner, as will in their judgment
best promote the public convenience, and they shall cause a
plot of the same, and also of the old road where the application
shall be to straighten, widen, alter, amend or shut up a road,
to be made out by a scale to be prescribed by the said court,
and shall return the same, together with a full report of their
proceedings under their hands to the said levy court, and of
the reasons on which their opinion is founded; and if the said
commissioners, or a majority of them, shall be of opinion, that
the said road ought not to be opened, straightened, widened,
altered, amended or shut up, they shall report their opinion to
the levy court aforesaid, together with the reasons on which
the same is founded.
By 1838, ch. 201, sec. 6, ante page 1661, the county commissioners who
ace substituted. by 1826, ch. 217, ante page 1650, for the levy court, are
directed to note on a rejected petition, their reasons for so doing.
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